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Published July 16, 2010, 01:21 PM

Assault charge against ND lawmaker dismissed

BISMARCK, N.D. (AP) — A judge has dismissed an assault charge against a North Dakota lawmaker whose wife accused him of punching her.

BISMARCK, N.D. (AP) — A judge has dismissed an assault charge against a North Dakota lawmaker whose wife accused him of punching her.

South Central District Judge Donald Jorgensen ordered the case against Bismarck state Rep. Dave Weiler (WY'-luhr) dismissed on Friday.

Weiler's estranged wife, Nicole, claimed in March that her husband punched her. But a prosecutor asked this week that the assault charge be dropped. He said Nicole Weiler had recanted her allegations.

Weiler pleaded guilty last year to a separate charge of assaulting his wife. He has said he was innocent of the latest charge. Weiler was scheduled to go on trial in August.

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