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STATE v. AZURE

Cr. No. 540.

241 N.W.2d 699 (1976)

STATE of North Dakota, Plaintiff and Appellee, v. Leonard J. AZURE, Defendant and Appellant.

Supreme Court of North Dakota.

May 12, 1976.

Attorney(s) appearing for the Case

Arne F. Boyum, Jr., State's Atty., Rolla, for plaintiff and appellee State of North Dakota.

Bruce E. Bohlman, Grand Forks, for defendant and appellant; argued by Mr. Bohlman and Robert Gagen, Senior Law Student, Grand Forks.

VOGEL, Justice.

The appellant, convicted of robbery after a jury trial, has appealed. This opinion relates to his motion in this court to be released pending determination of the appeal. The motion is made under Rule 9, North Dakota Rules of Appellate Procedure, and Rule 46, North Dakota Rules of Criminal Procedure. A similar motion was denied by the trial court. We likewise deny it.

It is indicated that two Indian males, who were separately tried, drove up...

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