State v. Hanson

VOGEL, Justice.

Although in form only a motion to dismiss an appeal, the matter before us involves questions of considerable importance.

The appellee, a sheriff, was charged with the crime of reckless endangerment, under Section 12.1-17-03, N.D.C.C.:

“A person is guilty of an offense if he creates a substantial risk of serious bodily injury or death to another. The offense is a class C felony if the circumstances manifest his extreme indifference to the value of human life. Otherwise it is a class A misdemeanor. There is risk within the meaning of this section if the potential for harm exists,…