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STATE v. KOLOBAKKEN

Cr. No. 966.

347 N.W.2d 569 (1984)

STATE of North Dakota, Plaintiff and Appellant, v. Darlene KOLOBAKKEN, Defendant and Appellee.

Supreme Court of North Dakota.

April 24, 1984.

Attorney(s) appearing for the Case

Timothy C. Wilhelm, Asst. State's Atty., Minot, for plaintiff and appellant. Submitted on brief.

Teevens, Johnson & Montgomery, Minot, for defendant and appellee. No brief or argument.

PEDERSON, Justice.

The dispositive issue on this appeal is whether or not a defense based on lack of criminal responsibility, as defined in § 12.1-04-03, NDCC, is the proper subject of a pretrial motion to dismiss. We conclude that it is not, and accordingly reverse and remand for further proceedings.

Kolobakken was charged with disobedience of a judicial order, § 12.1-10-05, NDCC, and simple assault, § 12.1-17-01, NDCC. The complaint alleged...

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