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STATE v. HOGIE

Crim. No. 870246.

424 N.W.2d 630 (1988)

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

Supreme Court of North Dakota.

May 16, 1988.

Attorney(s) appearing for the Case

Wendy P. Schulz (argued), Jamestown, for plaintiff and appellant.

Gilje, Greenwood & Dalsted, Jamestown, for defendant and appellee; argued by John E. Greenwood.

LEVINE, Justice.

The State appeals from an oral ruling granting Robert Hogie, Jr.'s motion for judgment of acquittal. Because we hold that the judgment of acquittal is in effect a dismissal of the information, we deny Hogie's motion to dismiss the appeal. We also affirm dismissal of the information.

Hogie was charged in a criminal information with:

"Theft of Property, a Class B Felony in violation of § 12.1-23-02(1), § 12.1-23...

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