[Go to Documents] | Filed July 19, 1988 |
State of North Dakota, Plaintiff and Appellee
v.
Mark and Lynette Dagley, Defendants and Appellants
Criminal No. 870180
Appeal from the County Court of Morton County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.
AFFIRMED.
Per Curiam.
Wayne D. Goter (argued), Assistant State's Attorney, P. O. Box 190, Mandan, ND 58554, for plaintiff and appellee.
Richardson, Isakson & Lange, P. O. Box 488, Hazen, ND 58545, and Michael P. Farris, Home School Legal Defense Association, P. 0. Box 950, Great Falls, VA 22066, for defendants and appellants; argued by Michael P. Farris. Appearance by Gregory L. Lange.
State v. Dagley
Per Curiam.
Mark and Lynette Dagley appealed from a conviction of an infraction under NDCC Chapter 15-34.1 on compulsory school attendance for failing to send their daughter to public school. The constitutional issues raised are controlled by our recent decision in State v. Anderson, _ N.W.2d _ (Civil Nos. 870261-62; N.D. 1988). We affirm under NDRAppP 35.1(a)(7).
Beryl J. Levine
Gerald W. VandeWalle
H.F. Gierke III
Ralph J. Erickstad, C.J.
Meschke, Justice, dissenting.
I respectfully dissent for the reasons given in my dissenting opinion in State v. Anderson, supra.
Herbert L. Meschke