STATE v. BERGER

Crim. Nos. 506-508.

235 N.W.2d 254 (1975)

STATE of North Dakota, Plaintiff-Appellee, v. Frank BERGER, Defendant-Appellant. STATE of North Dakota, Plaintiff-Appellee, v. Robert BERGER, Defendant-Appellant. STATE of North Dakota, Plaintiff-Appellee, v. Donald BERGER, Defendant-Appellant.

Supreme Court of North Dakota.

Rehearing Denied November 21, 1975.


Attorney(s) appearing for the Case

C. J. Schauss, Mandan, for defendants-appellants.

Donald L. Jorgensen, Asst. State's Atty., Dickinson, for plaintiff-appellee.


SAND, Judge.

Defendants Frank Berger, Robert Berger, and Donald Berger appeal from convictions of assault and battery by the Court of Increased Jurisdiction, Stark County, on February 20, 1975, claiming they were subjected to double jeopardy and that there was insufficient evidence against them.

On the morning of November 30, 1974, at approximately three o'clock, the defendants proceeded to the house of Gail Burton, allegedly to attend a party. Upon arrival...

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