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STATE v. GELVIN

Cr. No. 793.

318 N.W.2d 302 (1982)

The STATE of North Dakota, Plaintiff and Appellant, v. Ralph H. GELVIN, Defendant and Appellee.

Supreme Court of North Dakota.

April 21, 1982.

Attorney(s) appearing for the Case

Gail Hagerty, Asst. State's Atty., Bismarck, for plaintiff and appellant.

Robert J. Snyder, Bismarck, for defendant and appellee.

PAULSON, Justice.

The State appeals from a memorandum opinion of the District Court of Burleigh County dated August 11, 1981, which suppressed certain evidence.1 We reverse.

During the early evening hours of April 2, 1981, Officer Cliff Emmert of the Bismarck Police Department was dispatched to investigate an incident at the apartment of Mrs. Shirley Hart in south Bismarck. Upon arriving...

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