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STATE v. SCHIMETZ

Cr. No. 856.

328 N.W.2d 808 (1982)

STATE of North Dakota, Plaintiff and Appellee, v. Mark SCHIMETZ, Defendant and Appellant.

Supreme Court of North Dakota.

December 30, 1982.

Attorney(s) appearing for the Case

Dennis L. Molenaar, Asst. State's Atty., Grand Forks, and Senior Law Student Phil Harmeson, for plaintiff and appellee; argued by Dennis L. Molenaar, Asst. States Atty., and Phil Harmeson, Grand Forks.

O'Grady, Morley & Morley, Grand Forks, for defendant and appellant; argued by Michael J. Morley, Grand Forks.

SAND, Justice.

The defendant, Mark Schimetz, was charged with and found guilty by a jury of aggravated assault, a violation of North Dakota Century Code § 12.1-17-02(1).1 The defendant moved for a new trial. The motion was denied and he appealed from the order denying his motion for a new trial and from the judgment.

On 13 December 1981 the defendant, his girlfriend, Jennifer Saure (Saure) and her sister, Janine Baier (Baier...

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