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STATE v. YORK

Cr. No. 863.

326 N.W.2d 208 (1982)

STATE of North Dakota, Plaintiff and Appellant, v. Cletus R. YORK, Jr., Defendant and Appellee.

Supreme Court of North Dakota.

November 17, 1982.

Attorney(s) appearing for the Case

John P. Van Grinsven III, Asst. State's Atty., Minot, for plaintiff and appellant.

Richard B. Thomas, Minot, for defendant and appellee.

SAND, Justice.

The State of North Dakota appealed from a district court order dismissing the criminal information against the defendant, Cletus R. York, Jr. (hereinafter referred to as defendant or York).

On 23 August 1981 York, a resident of the Minot Air Force Base in Ward County, North Dakota, reported to law enforcement personnel that his 1980 Ford Pinto automobile was stolen. York informed law enforcement personnel that the doors to the

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