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STATE v. CLARK

Cr. No. 1064.

367 N.W.2d 168 (1985)

STATE of North Dakota, Plaintiff and Appellant, v. Michael T. CLARK, Defendant and Appellee.

Supreme Court of North Dakota.

April 24, 1985.

Attorney(s) appearing for the Case

Larry M. Baer, State's Atty., Cando, for plaintiff and appellant; argued by Bruce D. Quick, Asst. Atty. Gen.

Michael T. Clark, pro se.

Kirschner and Baker, Fargo, amicus curiae; on brief.

LEVINE, Justice.

The State appeals from the Towner County Court's order of dismissal of a criminal complaint charging Michael T. Clark with issuing checks without sufficient funds. We reverse and remand.

On September 26, 1984, a criminal complaint was signed charging Clark with violating North Dakota Century Code § 6-08-16 by issuing five checks without sufficient funds. The same day the Towner County Court judge dismissed the complaint sua sponte on...

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