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STATE v. MILLER

Crim. No. 1156.

391 N.W.2d 151 (1986)

STATE of North Dakota, Plaintiff and Appellant, v. Palmer MILLER, Defendant and Appellee.

Supreme Court of North Dakota.

July 16, 1986.

Attorney(s) appearing for the Case

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

Thomas K. Schoppert, New Town, for defendant and appellee.

VANDE WALLE, Justice.

The Ward County State's Attorney appealed before trial from an order of the Ward County district court denying—as a discovery sanction—the use of certain evidence at the trial of Palmer Miller. Because Section 29-28-07, N.D.C.C., does not provide for an appeal under the circumstances of this case, we dismiss the appeal.

On July 30, 1985, Miller was arrested on the charge of accomplice to delivery of a controlled substance...

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