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STATE v. DAVENPORT

Crim. No. 950006.

536 N.W.2d 686 (1995)

STATE of North Dakota, Plaintiff and Appellant, v. Jerry M. DAVENPORT, Defendant and Appellee.

Supreme Court of North Dakota.

August 29, 1995.

Attorney(s) appearing for the Case

Cynthia M. Feland (argued), State's Attorney, Carson, for plaintiff and appellant.

Ralph A. Vinje (argued), Vinje Law Firm, Bismarck, for defendant and appellee.

MESCHKE, Justice.

The State appeals from an order dismissing an information charging Jerry Davenport with gross sexual imposition for contact with a child under the age of fifteen. Because we conclude that the trial court improperly considered evidence of facts not stated in the information, we reverse and remand.

Davenport was charged with two counts of gross sexual imposition for alleged sexual contacts with his daughter, when she was under the age of fifteen...

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