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STATE v. METZNER

Crim. No. 931.

338 N.W.2d 799 (1983)

STATE of North Dakota, Plaintiff and Appellant, v. Russell METZNER, Defendant and Appellee.

Supreme Court of North Dakota.

September 29, 1983.

Attorney(s) appearing for the Case

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

James J. Coles, Bismarck, for defendant and appellee.

Bruce D. Quick, Exec. Director, North Dakota State's Attys. Ass'n, Fargo, amicus curiae.

PAULSON, Surrogate Justice.*

This is an appeal by the State from an order suppressing evidence entered in the District Court of Burleigh County. We reverse.1

On October 22, 1982, the defendant, Russell Metzner [Metzner], was arrested and charged with possession of more than one ounce of marijuana, a class C felony. Following a preliminary hearing and arraignment in district court, Metzner entered a...

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