STATE v. TERNES

Cr. No. 595.

259 N.W.2d 296 (1977)

STATE of North Dakota, Plaintiff and Appellee, v. Philip J. TERNES, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied November 10, 1977.


Attorney(s) appearing for the Case

Lundberg, Conmy, Nodland, Rosenberg, Lucas & Schulz, Bismarck, for defendant and appellant; argued by Irvin B. Nodland, Bismarck.

Richard L. Schnell, State's Atty., Mandan, for plaintiff and appellee.


PEDERSON, Justice.

Philip J. Ternes was charged with the murder of his wife and was convicted of manslaughter. He appeals, contending that the trial court abused its discretion in refusing to remove a part-time police officer from the jury upon challenge for cause, and further contending that the "dangerous special offender act" was improperly applied in his sentencing. We affirm the conviction.

It is settled law in North Dakota that no error can be predicated...

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