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STATE v. SMITH

No. 20090309.

781 N.W.2d 650 (2010)

2010 ND 89

STATE of North Dakota, Plaintiff and Appellant v. John Oliver SMITH, Defendant and Appellee.

Supreme Court of North Dakota.

May 11, 2010.

Attorney(s) appearing for the Case

Bradford A. Peterson, Assistant State's Attorney, State's Attorneys' Office, Minot, N.D., for plaintiff and appellant.

Robert W. Martin, North Dakota Public Defenders' Office, Minot, N.D. for defendant and appellee.

MARING, Justice.

[¶ 1] The State appealed from a trial court order granting John Oliver Smith's motion to dismiss the charge of conspiracy to manufacture methamphetamine. We reverse and remand, concluding the trial court erred by granting the motion to dismiss.

I

[¶ 2] In July 2009, John Oliver Smith purchased four boxes of ephedrine at two different pharmacies. Smith was a passenger in a vehicle owned by Levi Ward. Law enforcement had...

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