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STATE v. JOHNSON

Cr. No. 735.

301 N.W.2d 625 (1981)

STATE of North Dakota, Plaintiff and Appellee, v. Neil C. JOHNSON, Defendant and Appellant.

Supreme Court of North Dakota.

January 23, 1981.

Attorney(s) appearing for the Case

John R. Gregg, Bottineau, for defendant and appellant.

A. S. Benson, State's Atty., and Asmunder S. Benson III, Asst. State's Atty., Bottineau, for plaintiff and appellee; argued by Asmunder S. Benson III.

SAND, Justice.

This is an appeal by the defendant, Neil Johnson [Johnson], from a jury verdict of guilty for theft of property. Johnson alleges that the trial court erred by failing to suppress the State's introduction into evidence of a blue, portable air compressor because the deputy sheriff obtained the air compressor as the result of a warrantless search and seizure.

In December 1978 a blue, twin-cylinder air...

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