State v. Fischer

ERICKSTAD, Chief Justice.

The defendant, Bruce Allen Fischer, was charged in the County Court of Cass County with issuing a check without sufficient funds in violation of Section 6-08-16, N.D. C.C. Fischer entered a plea of not guilty and filed a motion to dismiss the charge alleging that Section 6-08-16, N.D.C.C., violates the Equal Protection Clause of the United States Constitution. The trial court entered an order granting Fischer’s motion to dismiss from which the State has filed this appeal. We affirm.

Section 6-08-16, N.D.C.C., provides that it is a class B misdemeanor to “make, draw,…