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STATE v. FREED

Cr. No. 944.

340 N.W.2d 172 (1983)

STATE of North Dakota, Plaintiff and Appellant, v. Donald Clifton FREED, Defendant and Appellee.

Supreme Court of North Dakota.

November 15, 1983.

Attorney(s) appearing for the Case

Melody R.J. Jensen, Asst. State's Atty., Fargo, for plaintiff and appellant.

Jonathan T. Garaas, Fargo, for defendant and appellee.

PEDERSON, Justice.

The State appeals from an order suppressing results of chemical tests performed on a blood sample taken from Donald Clifton Freed following an automobile accident. Freed moved to dismiss the appeal on the ground that the prosecuting attorney failed to file a statement with the notice of appeal pursuant to the requirements of § 29-28-07(5), NDCC. The State, in turn, requested leave to file the required statement late. We deny the State's request...

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