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STATE v. McCABE

Cr. No. 787.

315 N.W.2d 672 (1982)

STATE of North Dakota, Plaintiff and Appellant, v. Daniel J. McCABE, Defendant and Appellee.

Supreme Court of North Dakota.

February 11, 1982.

Attorney(s) appearing for the Case

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

Pulkrabek & Tuntland, Mandan, for defendant and appellee; argued by Thomas M. Tuntland, Mandan.

PAULSON, Justice.

This is an appeal from an order suppressing evidence dated July 7, 1981, of the Burleigh County Court of Increased Jurisdiction. We reverse.

Daniel J. McCabe, Jayta Christopher, and a Mr. Rainwater on June 19, 1981, had dinner at the Holiday Inn restaurant in Bismarck, North Dakota. The hostess, Jean Dunn, observed McCabe and his two companions and noted that they were talking loudly and using obscene language. Ms. Dunn was working as the...

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