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STATE v. ALLEN

Crim. No. 524.

237 N.W.2d 154 (1975)

STATE of North Dakota, Plaintiff and Appellee, v. Merle Gene ALLEN, Defendant and Appellant.

Supreme Court of North Dakota.

December 17, 1975.

Attorney(s) appearing for the Case

Charles J. Gilje, State's Atty., for plaintiff and appellee.

Mackenzie & Jungroth, Jamestown, for defendant and appellant; argued by James R. Jungroth, Jamestown.

ERICKSTAD, Chief Justice.

Merle Gene Allen (hereinafter Gene) appeals from a jury verdict of guilty and from the judgment on conviction of the District Court of Stutsman County finding him guilty of burglary. He asks that his conviction be reversed or that a new trial be granted.

At the close of the prosecution's case, Gene moved for a judgment of acquittal pursuant to Rule 29(a), N.D.R.Crim.P., which motion was denied. He did not renew his motion after he...

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