Defendant's Motion to Dismiss for lack of ordinance violation is hereby granted.
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State v. Gelvin, N. Busch, N. From what the state may appeal. An appeal may be taken by the state from:. An order quashing an information or indictment or any count thereof. We have previously ruled that a motion to quash an information and a motion to dismiss an information are substantially equivalent, and an order which has the effect of quashing an information is appealable.
O'Boyle, N. Hanson, N. Jelliff, N. We have also pointed out that "there is no real distinction between a criminal information and a criminal complaint under our law" for purposes of appealability under section 1. Hart, N. Thus we have construed section 1 to authorize appeals from a dismissal of an information and the quashing of a county court complaint. We have liberally construed section 1 to accommodate the "intended uniformity of practice and procedure" between district and county courts.
Hart, supra, at Adhering to this view, we believe section 1 , N. Section , N. That section does not expressly grant a city the right to appeal from a dismissal of its complaint. In City of Minot v. Knudson, N. Knudson involved an appeal by a city from a district court order quashing the city's complaint.
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We allowed the city to appeal in Knudson to promote uniformity of criminal procedure between city and county courts. Our decision today is another step in the same direction.
By giving the terms "state," "information," and "indictment" broad meaning, we permit appeal by a city which will contribute to uniformity of decisions on questions of state criminal law. The legislature's intent to have uniformity in criminal law throughout the state is clearly expressed in section Crimes defined by state law shall not be superseded by city or county ordinance or by home rule city's or county's charter or ordinance.
No offense defined in this title or elsewhere by law shall be superseded by any city or county ordinance, or city or county home rule charter, or by an ordinance adopted pursuant to such a charter, and all such offense definitions shall have full force and effect within the territorial limits and other jurisdiction of home rule cities or counties.
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This section shall not preclude any city or county from enacting any ordinance containing penal language when otherwise authorized to do so by law. Section The legislature's intent to uniformly apply criminal law throughout the state, as expressed in section The Legislative Council's summary of the committee's discussion is as follows: "During the course of its study, a Committee member noted that a city attorney of a home rule city had ruled that ordinances of that city could supersede the state criminal law relating to Sunday business or labor.
After discussion of this report, it was the consensus of the Committee that state criminal laws should operate throughout the State, and should not be superseded by home rule charters or ordinances. However, it was not legally clear whether home rule charters or ordinances could supersede state criminal laws, although it seemed that the intent of the Legislature, in passing the home rule authorizing legislation, was not to authorize the supercession of state criminal laws.
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The Committee did not have time to study fully the ramifications of this bill, especially as regards the need to ensure the full force and effect of other state laws. Thus, the Committee hopes that it can be studied during the Session, or during the interim between the passage of the bill and its effective date, which is set at July 1, To give meaning to Our reasoning convinces us we could do either or both. We have chosen to do the former. We conclude the legislature could not have intended the disparate results which would occur if section 1 , N.
Accordingly, we hold that the City of Bismarck is entitled to appeal from the dismissal of its complaint to county court. The county court's order dismissing the City's appeal is reversed. Subscribe Now. Back to Results. Download Print Get alerts. City of Bismarck v.
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