State v. Montano, 2012 ND 59

McCormick was charged with driving under the influence under a Bismarck city ordinance; trial by jury resulted in a guilty verdict.
McCormick moved post-trial for acquittal because the city ordinance was not introduced into evidence at trial.
The district court granted the motion, holding it could not judicially notice the ordinance absent statutory entry into evidence.
The City appealed, arguing the post-trial ruling was an appealable order quashing the information and that the motion was timely; it urged automatic judicial notice under transfer procedures.
The North Dakota Supreme Court held the district court erred, treated the ruling as an order quashing the information, and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court order is an appealable quashing- information ruling	City: order quashes information; appealable	McCormick: it is a judgment of acquittal, unappealable	Order treated as quashing information; appealable
Timeliness of the post-trial acquittal motion	City: timely under statute	McCormick: timeliness should be pre-trial	Motion timely under Rule 29
Judicial notice of a city ordinance when case is transferred for trial	City: ordinance not required to be admitted; notice allowed by transfer	McCormick: no statutory basis for notice without evidence	District court could take judicial notice of the ordinance

State v. Deutscher, 2009 ND 98 (ND) (appealability requirements for state from district court)
State v. Erickson, 2011 ND 49 (ND) (acquittal vs. dismissal standard for appealability; factual elements control)
Keyes v. Amundson, 391 N.W.2d 602 (ND) (municipal ordinance judicial notice and admissibility; dicta concerns)