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STATE v. MOORE

Cr. 296.

101 N.W.2d 579 (1960)

STATE of North Dakota, Plaintiff and Respondent, v. David MOORE, Jr., Defendant and Appellant.

Supreme Court of North Dakota.

March 4, 1960.

Attorney(s) appearing for the Case

Murray & Rosenberg, Bismarck, for defendant-appellant.

Leslie R. Burgum, Atty. Gen., Lyle E. Huseby, State's Atty., Cass County, Fargo, for plaintiff-respondent.

MORRIS, Judge.

Wesley Moore was murdered during the early morning hours of May 1, 1955. David Moore, Jr. and Joseph Munnell were charged with the crime, tried before a jury and convicted of murder in the second degree. The evidence was circumstantial. The immediate cause of death was multiple skull fractures and brain hemorrhage. The body was discovered by two residents of the area in which it was found at about 5:00 a. m. and the police were called. It was found...

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