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Published July 26, 2010, 07:59 AM

ND assault case closed

BISMARCK, N.D. (AP) - The case against a New Town man accused of assaulting his wife has been dismissed from federal court - one week after it was reopened.

BISMARCK, N.D. (AP) - The case against a New Town man accused of assaulting his wife has been dismissed from federal court - one week after it was reopened.

Charles Jardee's conviction on a misdemeanor charge was overturned earlier this month when a district judge ruled that a magistrate judge mistakenly allowed hearsay evidence. A new trial was ordered.

The government followed up with a motion to dismiss the complaint because Jardee's the victim failed to appear for the original trial and Jardee is serving a sentence on a separate charge in Montana. U.S. District Judge Daniel Hovland approved the request.

Authorities say Jardee's wife, Kristine, suffered a swollen eye and numerous bruises from the December 2009 assault.

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