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CITY OF BISMARCK v. ALTEVOGT

Cr. Nos. 990, 991.

353 N.W.2d 760 (1984)

CITY OF BISMARCK, Plaintiff and Appellee, v. John D. ALTEVOGT, Defendant and Appellant.

Supreme Court of North Dakota.

July 11, 1984.

Attorney(s) appearing for the Case

Hugh Patrick Seaworth, City Atty., Bismarck, for plaintiff and appellee; argued by Paul H. Fraase, Asst. City Atty., Bismarck.

John D. Altevogt, pro se.

ERICKSTAD, Chief Justice.

John D. Altevogt appeals from an order of the County Court of Burleigh County dated January 18, 1984, dismissing his appeal to that court from a judgment of conviction entered by the municipal court for the City of Bismarck. The dispositive issue in this case is whether or not a timely notice of appeal to the county court was filed pursuant to Rule 37(b), N.D.R.Crim.P. We reverse and remand for a new trial in county court before a jury.<...

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