STATE v. POITRA

Cr. No. 628.

266 N.W.2d 544 (1978)

STATE of North Dakota, Plaintiff and Appellee, v. Lonnie POITRA, Defendant and Appellant.

Supreme Court of North Dakota.

May 12, 1978.


Attorney(s) appearing for the Case

Richard L. Schnell, State's Atty., Mandan, for plaintiff and appellee State of North Dakota; argued by Thomas M. Tuntland, Asst. State's Atty., Mandan.

Bair, Brown & Kautzmann, Mandan, for defendant and appellant; argued by Dwight C. H. Kautzmann, Mandan.


VOGEL, Justice.

After a jury trial, the appellant was found guilty of the Class C felony of aggravated assault. His appeal to this court is based upon an allegation of error in the rejection of evidence to the effect that a person other than the defendant made an admission, against his penal interest, in which he admitted causing the injury which constituted the aggravation of the assault. The appellant admits being involved in a fight with the complainant, but alleges...

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