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STATE v. McDOWELL

Cr. No. 790.

312 N.W.2d 301 (1981)

STATE of North Dakota, Plaintiff, v. LaVonne S. McDOWELL, Defendant.

Supreme Court of North Dakota.

October 28, 1981.

Attorney(s) appearing for the Case

Larry E. Stern, Asst. State's Atty., Fargo, for plaintiff.

William Kirschner, Fargo, for defendant.

SAND, Justice.

The issues under consideration were certified to us pursuant to Rule 47.1 of the North Dakota Rules of Appellate Procedure by the Honorable Donald J. Cooke, Judge of Cass County Court with Increased Jurisdiction.

The certified questions and answers by the trial court are:

(1) Is it constitutional to subject an offender to imprisonment under Section 6-08-16 of the North Dakota Century Code? Answer: No (2) If it is unconstitutional...

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