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STATE v. GWYTHER

Criminal Nos. 980134-980137, 980150-980153.

589 N.W.2d 575 (1999)

1999 ND 15

STATE of North Dakota, Plaintiff and Appellant, v. James William GWYTHER, Defendant and Appellee. State of North Dakota, Plaintiff and Appellant, v. William Wiley Neustel, Jr., Defendant and Appellee. State of North Dakota, Plaintiff and Appellant, v. Janine Michelle Welch, Defendant and Appellee. State of North Dakota, Plaintiff and Appellant, v. Timothy Beiers, Defendant and Appellee.

Supreme Court of North Dakota.

January 29, 1999.

Attorney(s) appearing for the Case

Ladd R. Erickson, Assistant State's Attorney, Mandan, ND, for plaintiff and appellant.

Timothy Q. Purdon, of Dickson Law Office, Bismarck, ND, for defendant and appellee James William Gwyther.

Wayne D. Goter, Bismarck, ND, for defendant and appellee William Wiley Neustel, Jr.

Michael R. Hoffman, Mandan, ND, for defendant and appellee Janine Michelle Welch.

Robert W. Martin, Bismarck, ND, for defendant and appellee Timothy Beiers.

MARING, J.

[¶ 1] The State has appealed from an order dismissing without prejudice conspiracy charges against the defendants and from an oral ruling dismissing the remaining charges against the defendants. We affirm the dismissal of the conspiracy charges and dismiss the attempted appeal from the oral ruling.

I

[¶ 2] On January 27, 1997, officers executing a search warrant on a rural Morton County residence discovered a methamphetamine...

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