State v. Long

Full title: STATE of North Dakota, Plaintiff and Appellee, v. Daniel LONG, Defendant…

Court: Supreme Court of North Dakota

Date published: Mar 27, 1974

216 N.W.2d 109 (N.D. 1974)

Opinion

Cr. No. 451.

January 31, 1974. Rehearing Denied March 27, 1974.

Appeal from District Court, Stutsman County; M. C. Fredricks, Judge.

Charles J. Gilje, State's Atty., Jamestown, for plaintiff and appellee State of North Dakota.

Lewis C. Jorgenson, Devils Lake, for defendant and appellant.

VOGEL, Judge.

This is a companion case to State v. Matthews, N.D., 216 N.W.2d 90, decided today. It is controlled by the decision in that case.

The judgment of conviction is reversed and the case is remanded for further proceedings consistent with the opinion in State v. Matthews.

ERICKSTAD, C. J., and PAULSON, J., concur.

ERICKSTAD, Chief Justice, and PAULSON, Judge (concurring specially).

See State v. Matthews.

TEIGEN and KNUDSON, Judges (dissenting).

See State v. Matthews.