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STATE v. SMITH

Cr. No. 528.

238 N.W.2d 662 (1976)

STATE of North Dakota, Plaintiff-Appellee, v. Lionel SMITH, Defendant-Appellant.

Supreme Court of North Dakota.

February 11, 1976.

Attorney(s) appearing for the Case

Benjamin C. Pulkrabek, Public Defender, Bismarck, for defendant and appellant.

John M. Olson, State's Atty., and Robert P. Bennett, Asst. State's Atty., Bismarck, for plaintiff and appellee; argued by Mr. Bennett.

PAULSON, Judge.

This is an appeal by the defendant Lionel E. Smith from a jury verdict of guilty and a final judgment of conviction in the Burleigh County District Court of the crime of burglary, as well as an appeal from the trial court's order denying Smith's motion for a new trial.

Smith's conviction was for the crime of burglary, which occurred sometime during the night of March 27-28, 1975, of the Buy-Rite...

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