State v. Davenport
North Dakota Supreme Court
1Opinion of the Court
MESCHKE, Justice.
The State appeals from an order dismissing an information charging Jerry Davenport with gross sexual imposition for contact with a child under the age of fifteen. Because we conclude that the trial court improperly considered evidence of facts not stated in the information, we reverse and remand.
Davenport was charged with two counts of gross sexual imposition for alleged sexual contacts with his daughter, when she was under the age of fifteen, in December 1982 and December 1988. The complaint was filed on July 28, 1994. Davenport waived a preliminary hearing and the…
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