State v. Burckhard

SANDSTROM, Justice.

[¶ 1] The State appealed from a district court order dismissing for lack of subject matter jurisdiction a criminal complaint against Father Leonard Burckhard. We hold the court’s exercise of jurisdiction over prosecution of theft charges against Burck-hard does not require excessive government entanglement in religious affairs in violation of the First Amendment of the United States Constitution or Article I, Section 3, of the North Dakota Constitution. We, therefore, reverse and remand for a trial on the merits.

I

[¶ 2] Burckhard was a parish priest for St. Catherine’s…