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STATE v. MELIN

Crim. No. 870290.

428 N.W.2d 227 (1988)

STATE of North Dakota, Plaintiff and Appellant, v. Jonathan MELIN, Sr., and Diana Melin, Defendants and Appellees.

Supreme Court of North Dakota.

July 21, 1988.

Attorney(s) appearing for the Case

James M. Vukelic, Sol. Gen., Office of Atty. Gen., Bismarck, for plaintiff and appellant.

Michael P. Farris (argued) and J. Michael Smith, Home School Legal Defense Ass'n, Great Falls, Va., and Gregory L. Lange, of Richardson, Isakson & Lange, Hazen, for defendants and appellees.

VANDE WALLE, Justice.

The State appealed from what the trial court termed a "judgment of not guilty," which was entered upon a dismissal of a complaint charging Jonathan and Diana Melin with violating the compulsory school-attendance law, Chapter 15-34.1, N.D.C.C. We reverse.

Jonathan and Diana Melin are the parents of Jonathan Melin, Jr. (Teddy). Teddy was seven years of age at the time the complaint in this case was filed. The complaint charged the Melins...

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