State v. Freed

PEDERSON, Justice.

The State appeals from an order suppressing results of chemical tests performed on a blood sample taken from Donald Clifton Freed following an automobile accident. Freed moved to dismiss the appeal on the ground that the prosecuting attorney failed to file a statement with the notice of appeal pursuant to the requirements of § 29-28-07(5), NDCC. The State, in turn, requested leave to file the required statement late. We deny the State’s request and, accordingly, dismiss the appeal.

Shortly before midnight on November 27, 1982, Deputy Sheriff Brandon received a report of an…