STATE v. FERGUSON

Crim. No. 1144.

391 N.W.2d 172 (1986)

STATE of North Dakota, Plaintiff and Appellee, v. Daniel FERGUSON, Defendant and Appellant.

Supreme Court of North Dakota.

July 16, 1986.


Attorney(s) appearing for the Case

Tom Henning, Asst. State's Atty., Dickinson, for plaintiff and appellee.

Thomas J. Gunderson, Dickinson, for defendant and appellant.


GIERKE, Justice.

Daniel Ferguson appeals from his conviction of terrorizing, a class C felony in violation of Section 12.1-17-04, N.D.C.C. We reverse and remand for a new trial.

During April 1985, an elderly lady named Hazel Russell received numerous harassing telephone calls at her home involving threatening sexually-oriented comments. On May 1, 1985, Hazel received another such call during which the male voice stated, "I'm going to come over there; I'm going...

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