WALKER v. SCHNEIDER

Civ. No. 910107.

477 N.W.2d 167 (1991)

Christ WALKER, Petitioner and Appellant, v. The Honorable Thomas J. SCHNEIDER, Judge of the County Court of Burleigh County by assignment, Respondent and Appellee.

Supreme Court of North Dakota.

November 12, 1991.


Attorney(s) appearing for the Case

Thomas M. Tuntland (argued), Mandan, for petitioner and appellant.

Paul C. Seado (argued), Asst. States Atty., Bismarck, for respondent and appellee.


MESCHKE, Justice.

Christ Walker appeals from the denial of his petition for a writ of scire facias, seeking to prohibit the State from proceeding against him on a second criminal complaint for the same offense after the first one had been dismissed for lack of probable cause. We remand for entry of an order consistent with this opinion.

The Burleigh County State's Attorney charged Walker under NDCC 12.1-20-03(1)(e) with the class B felony of gross sexual imposition...

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