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STATE v. O'BOYLE

Cr. No. 1013.

356 N.W.2d 122 (1984)

The STATE of North Dakota, Plaintiff and Appellant, v. Dennis J. O'BOYLE, Defendant and Appellee.

Supreme Court of North Dakota.

As Amended November 15, 1984.

Attorney(s) appearing for the Case

Rodney K. Feldner, Asst. State's Atty., Mandan, for plaintiff and appellant.

Phillip J. Brown, Bismarck, for defendant and appellee.

PEDERSON, Justice.

The State appeals from a "memorandum opinion" of the district court which ordered dismissal of an information charging Dennis J. O'Boyle with Class C felony escape pursuant to § 12.1-08-06, NDCC. O'Boyle has moved to dismiss the State's appeal. We deny O'Boyle's motion to dismiss the appeal and reverse the district court's order of dismissal.

MOTION TO DISMISS

The State's notice of appeal, which was filed on March 20, 1984...

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