State v. Hogie

LEVINE, Justice.

The State appeals from an oral ruling granting Robert Hogie, Jr.’s motion for judgment of acquittal. Because we hold that the judgment of acquittal is in effect a dismissal of the information, we deny Ho-gie’s motion to dismiss the appeal. We also affirm dismissal of the information.

Hogie was charged in a criminal information with:

“Theft of Property, a Class B Felony in violation of § 12.1-23-02(1), § 12.1-23-05(1), North Dakota Century Code, by then and there defendant did knowingly take or exercise unauthorized control over the property of another; said property exceeding…