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STATE v. RITTER

Cr. No. 900385.

472 N.W.2d 444 (1991)

STATE of North Dakota, Plaintiff and Appellant, v. Leonard J. RITTER, Defendant and Appellee.

Supreme Court of North Dakota.

June 25, 1991.

Attorney(s) appearing for the Case

Constance L. Cleveland (argued), Asst. States Atty., Fargo, for plaintiff and appellant.

Benjamin E. Thomas (argued), Fargo, for defendant and appellee.

MESCHKE, Justice.

The State appeals from dismissal of a misdemeanor charge of preventing arrest against Leonard J. Ritter. The trial court ruled that Ritter had been wrongfully detained, thus excusing his forceful resistance to the arrest. We reverse and remand for trial, including the statutory defense that the arresting officer was not acting lawfully.

Three Fargo police officers were dispatched to a local tavern...

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