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STATE v. MONDO

Cr. Nos. 849-852.

325 N.W.2d 201 (1982)

STATE of North Dakota, Plaintiff and Appellant, v. Joseph MONDO, Defendant and Appellee. STATE of North Dakota, Plaintiff and Appellant, v. Terry BATES, Defendant and Appellee.

Supreme Court of North Dakota.

October 20, 1982.

Attorney(s) appearing for the Case

John J. Fox, Asst. States Atty., Dickinson, for plaintiff and appellant.

Freed, Dynes, Reichert & Buresh, Dickinson, for defendant and appellee Joseph Mondo; argued by Ronald A. Reichert, Dickinson.

Greenwood, Greenwood, & Greenwood, Dickinson, for defendant and appellee Terry Bates; argued by Diane Melbye, Dickinson.

PEDERSON, Justice.

This is an appeal by the State, authorized by § 29-28-07(5), NDCC, from an order granting a motion to suppress evidence. We reverse.

On November 6, 1981, a Dickinson police officer investigated a report of sexual imposition that allegedly occurred on November 5, 1981, at the apartment of Joseph Mondo and Terry Bates. The victim said that she had been raped by Mondo, and that she had seen what she was told was marijuana at Mondo's apartment...

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