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STATE v. SCHLOTMAN

Criminal Nos. 970249, 970250.

575 N.W.2d 208 (1998)

1998 ND 39

STATE of North Dakota, Plaintiff and Appellee, v. Janice SCHLOTMAN, Defendant and Appellant. STATE of North Dakota, Plaintiff and Appellee, v. Earl SCHLOTMAN, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied March 30, 1998.

Attorney(s) appearing for the Case

Brian D. Grosinger (argued), Assistant State's Attorney, Mandan, for plaintiff and appellee.

Daniel J. Chapman (argued), of Chapman & Chapman, Bismarck, for defendants and appellants.

MARING, Justice.

[¶ 1] Earl and Janice Schlotman appealed from judgments of conviction, upon jury verdicts finding each of them guilty of two counts of class A misdemeanor unlawful imprisonment, in violation of N.D.C.C. § 12.1-18-03(1). We hold, as a matter of law, the Schlotmans are not persons in parental equivalent relation to the minors unlawfully restrained by them, and we affirm.

[¶ 2] The relevant facts on appeal are not disputed. Janice...

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