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STATE v. SCHINDELE

Cr. No. 950199.

540 N.W.2d 139 (1995)

STATE of North Dakota, Plaintiff and Appellant, v. Michael SCHINDELE, Defendant and Appellee.

Supreme Court of North Dakota.

November 30, 1995.

Attorney(s) appearing for the Case

David D. Hagler, Assistant Attorney General, Bismarck, for plaintiff and appellant.

Ralph F. Carter of Moosbrugger, Dvorak & Carter, Grand Forks, for defendant and appellee.

LEVINE, Justice.

This is an appeal by the State from a district court order suppressing evidence. We dismiss the appeal because the suppressed evidence is not "substantial proof of a fact material in the proceeding" as required by section 29-28-07, NDCC.

On the night of October 6, 1994, Nelson County Deputy Sheriff Brad Harrington went to the Tolna home of Debra Schindele and Michael Schindele after getting a call from Debra. When Harrington arrived, Debra...

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