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STATE v. HAMMOND

Cr. No. 920267.

498 N.W.2d 126 (1993)

STATE of North Dakota, Plaintiff and Appellant, v. Karen A. HAMMOND, Defendant and Appellee.

Supreme Court of North Dakota.

March 24, 1993.

Attorney(s) appearing for the Case

Patricia L. Burke, State's Atty., Bismarck, for plaintiff and appellant.

Murray G. Sagsveen of Zuger Kirmis & Smith, Bismarck, for defendant and appellee.

LEVINE, Justice.

The State appeals from an order dismissing a criminal complaint against Karen A. Hammond. We reverse and remand.

Hammond wrote a $243.00 check to Jerry Lydeen. The check was dated June 10, 1992, but Lydeen presented it for payment on June 8, 1992. The check was returned unpaid because of insufficient funds in Hammond's bank account. Hammond was charged with violating Section 6-08-16(1), NDCC, by issuing a check without sufficient funds.

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