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STATE v. PERBIX

Cr. No. 970.

349 N.W.2d 403 (1984)

STATE of North Dakota, Plaintiff and Appellee, v. Robert PERBIX, Defendant and Appellant.

Supreme Court of North Dakota.

May 31, 1984.

Attorney(s) appearing for the Case

Alan K. Duppler, State's Atty., Stanton, for plaintiff and appellee.

Ralph A. Vinje, Bismarck, for defendant and appellant.

PEDERSON, Justice.

Robert Perbix appeals from his judgment of conviction for possession of marijuana in violation of Section 19-03.1-23(3), NDCC. We affirm.

In essence, Perbix has raised the following issues on appeal:

(1) Whether or not Section 19-03.1-23, NDCC, is unconstitutional as applied to Perbix for the reason that it creates a strict liability offense. (2) Whether or not this Court should reconsider its decision in State v. Perbix...

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