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STATE v. SWANSON

Cr. No. 1230.

407 N.W.2d 204 (1987)

STATE of North Dakota, Plaintiff and Appellant, v. Richard T. SWANSON, Defendant and Appellee.

Supreme Court of North Dakota.

May 28, 1987.

Attorney(s) appearing for the Case

Bruce D. Quick, Deputy Atty. Gen., Office of the Attorney General, Bismarck, for plaintiff and appellant.

Alan J. Larivee, Grand Forks, for defendant and appellee.

ERICKSTAD, Chief Justice.

The State appeals from an order of the County Court of Walsh County entered on October 31, 1986, dismissing the criminal complaint against Richard T. Swanson charged with reckless endangerment in violation of Section 12.1-17-03, N.D.C.C.

Swanson was served with the criminal complaint on October 10, 1986. The complaint states that:

"Swanson, recklessly created a substantial risk of serious bodily injury or death to another...

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