STATE v. CHYLE

Cr. No. 716.

297 N.W.2d 409 (1980)

STATE of North Dakota, Plaintiff and Appellee, v. Harold CHYLE, Defendant and Appellant.

Supreme Court of North Dakota.

October 6, 1980.


Attorney(s) appearing for the Case

F. C. Rohrich, State's Atty., Linton, for plaintiff and appellee State of North Dakota.

Frank J. Wikenheiser, of Wheeler, Wolf, Wefald, Peterson & McDonald, Linton, for defendant and appellant.


VANDE WALLE, Justice.

Harold Chyle appeals from a conviction of criminal mischief by a jury in the district court in Emmons County on February 28, 1980.

Before discussing and deciding the merits of Chyle's appeal it is necessary to decide the State's motion to dismiss this appeal.

On August 21, 1980, the State, under North Dakota Rule of Appellate Procedure 27, filed with this court a motion to dismiss Chyle's appeal. As its ground for dismissal the...

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