STATE v. MALNOURIE

Cr. 253.

67 N.W.2d 330 (1954)

STATE of North Dakota, Plaintiff and Respondent, v. Donald MALNOURIE, Defendant and Appellant.

Supreme Court of North Dakota.

December 6, 1954.


Attorney(s) appearing for the Case

Douglas B. Heen, Devils Lake, for defendant and appellant.

E. T. Christianson, Atty. Gen., J. K. Murray, Sp. Asst. Atty. Gen., and H. L. Malloy, State's Atty., Halliday, for plaintiff and respondent.


BURKE, Judge.

On January 17, 1953, the defendant, Malnourie, pleaded guilty to an information charging him with the crime of murder in the first degree. Following his plea he was immediately sentenced to imprisonment for a life term in the state penitentiary.

On May 27, 1953, this defendant moved the trial court to vacate the judgment and sentence made and entered in the case and to allow him to withdraw his plea of guilty. The motion was grounded upon this...

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