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STATE v. BURCKHARD

Criminal No. 970275.

579 N.W.2d 194 (1998)

1998 ND 121

STATE of North Dakota, Plaintiff and Appellant, v. Leonard Wayne BURCKHARD, Defendant and Appellee.

Supreme Court of North Dakota.

June 4, 1998.

Attorney(s) appearing for the Case

Robin Huseby, State's Attorney, Valley City, for plaintiff and appellant.

Robert G. Hoy, West Fargo, for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] The State appealed from a district court order dismissing for lack of subject matter jurisdiction a criminal complaint against Father Leonard Burckhard. We hold the court's exercise of jurisdiction over prosecution of theft charges against Burckhard does not require excessive government entanglement in religious affairs in violation of the First Amendment of the United States Constitution or Article I, Section 3, of the North Dakota...

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