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STATE v. ERICKSON

Cr. No. 505.

231 N.W.2d 758 (1975)

STATE of North Dakota, Plaintiff and Appellee, v. Dwight ERICKSON, Defendant and Appellant.

Supreme Court of North Dakota.

June 24, 1975.

Attorney(s) appearing for the Case

John M. Olson, State's Atty., and Robert P. Bennett, Asst. State's Atty., Bismarck, for plaintiff and appellee State of North Dakota; argued by Mr. Bennett.

Benjamin C. Pulkrabek, Public Defender, Bismarck, for defendant and appellant.

VOGEL, Judge.

On the night of April 11, 1974, the Bucket Bar in Moffit, North Dakota, was broken into, setting off an alarm in the home of Eugene Holzer, owner of the bar. Upon being awakened by the alarm, Holzer looked out his window to the bar across the street, where he saw a two-tone station wagon, which from the shape of the taillights he guessed to be a Ford, parked in front of the bar. Holzer then loaded a shotgun, left the house, and fired the shotgun at the...

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