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462 N.W.2d 119

State v. Pollack

North Dakota Supreme Court

Decided October 31, 1990

North Dakota Supreme Court · decided 1990-10-31

Relies on City of Bismarck v. Sholy

Good law ✅— No negative treatment on recordhow we know

Decided 1990-10-31

How this case has been cited

Cited by 11 later decisions — most recently November 2020

10 state decisions

701990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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LEVINE, Justice,

¶1dissenting.

¶2Criminal statutes are to be strictly construed in favor of the defendant and against the Government. City of Bismarck v. Sholy, 430 N.W.2d 337, 338 (N.D.1988). An obvious purpose of Section 39-10-71 N.D.C.C. is to discourage car chases. The statute says that any driver who does not stop his vehicle or who otherwise flees or tries to elude, “in any manner”, a peace officer, when told to bring the vehicle to a stop, is guilty of a Class A Misdemeanor. Defendant here did bring his vehicle to a stop when told to do so and thus did not violate this statute. When we construe a criminal statute, we should hold the legislature to mean what it says, not what it meant to say but didn’t. Indeed, even if another construction were reasonable, the benefit of doubt should inure to the defendant. I would reverse.

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