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STATE v. WHITEMAN

Cr. 271.

79 N.W.2d 528 (1956)

STATE of North Dakota, Plaintiff and Respondent, v. Oscar WHITEMAN, Jr., Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied December 19, 1956.

Attorney(s) appearing for the Case

Strutz, Jansonius & Fleck, Bismarck, for appellant.

Leslie R. Burgum, Atty. Gen., T. H. H. Thoresen, Asst. Atty. Gen., for respondent.

SATHRE, Justice.

This is a criminal action. On January 14, 1953 a criminal complaint was filed in the justice court of William Dawes, Justice of the Peace in and for Dunn County, North Dakota charging the defendants Oscar Whiteman Jr., and Donald Malnourie, jointly with the crime of murder in the first degree between the hours of 6:30 and 8:30 p. m., committed on January 1, 1953 in Dunn County, North Dakota, perpetrated by said defendants in committing or attempting...

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