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STATE v. BERGER

Crim. No. 509.

234 N.W.2d 6 (1975)

STATE of North Dakota, Plaintiff and Appellee, v. Kenny BERGER, Defendant and Appellant.

Supreme Court of North Dakota.

October 6, 1975.

Attorney(s) appearing for the Case

L. E. Greenwood, Dickinson, for defendant and appellant.

Donald L. Jorgensen, Asst. State's Atty., and Albert J. Hardy, State's Atty., Dickinson, for plaintiff and appellee; argued by Mr. Jorgensen.

ERICKSTAD, Chief Justice.

Kenny Berger, defendant and appellant herein, was convicted of assault and battery in violation of Section 12-26-02, N.D.C.C., in a nonjury trial heard by Judge Thomas Ewing of the Stark County Court of Increased Jurisdiction. Pursuant to Rule 13, N.D.R.Crim.P., a consolidated trial of Robert, Frank, and Donald Berger, as well as of the appellant, was begun at 9:30 a. m., January 31, 1975, and three of the State's witnesses had testified...

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