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STATE v. YODSNUKIS

Cr. No. 659.

281 N.W.2d 255 (1979)

STATE of North Dakota, Plaintiff and Appellee, v. Joseph Wayne YODSNUKIS, Defendant and Appellant.

Supreme Court of North Dakota.

June 28, 1979.

Attorney(s) appearing for the Case

Thomas H. Falck, Jr., Asst. State's Atty., Grand Forks County, and Patricia R. Ellingson, Senior Law Intern, University of North Dakota Law School, Grand Forks, for State of North Dakota; argued by Ms. Ellingson.

Dwight F. Kalash, of Nelson & Kalash, Grand Forks, for defendant and appellant.

VANDE WALLE, Justice.

Joseph Wayne Yodsnukis was tried by a jury and convicted of robbery. He appeals to this court from the conviction and from the district court's denial of his motion for new trial. We reverse the district court's denial of his motion and remand to the district court for a new trial.

On September 22, 1977, at approximately 8 p. m., a man robbed Fat Albert's restaurant in Grand Forks, North Dakota, of $115. The culprit handed an employee...

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