STATE v. BOURBEAU

Cr. No. 565.

250 N.W.2d 259 (1977)

STATE of North Dakota, Plaintiff and Appellee, v. Raymond BOURBEAU and Larry James Perry, Defendants and Appellants.

Supreme Court of North Dakota.

January 27, 1977.


Attorney(s) appearing for the Case

Mervin D. Nordeng, State's Atty., and Joseph A. Turman, Asst. State's Atty., Fargo, for plaintiff and appellee; argued by Joseph A. Turman, Asst. State's Atty., Fargo.

Wayne G. Aarestad and Craig D. Fink, Fargo, for defendants and appellants; argued by Wayne G. Aarestad, Fargo.


ERICKSTAD, Chief Justice.

In this case we are asked to determine whether an amendment of a criminal information following the closing of the State's case was a violation of the defendants' rights under the North Dakota Rules of Criminal Procedure or the Sixth Amendment to the United States Constitution. A separate issue is whether defendants were denied their right to credit for time served when they were sentenced.

Mrs. Lillian Wold, who resides in Fargo...

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