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STATE v. EUGENE

Crim. No. 926.

340 N.W.2d 18 (1983)

STATE of North Dakota, Plaintiff and Appellee, v. Donald J. EUGENE, Defendant and Appellant.

Supreme Court of North Dakota.

October 31, 1983.

Attorney(s) appearing for the Case

Gail Hagerty, States Atty., Bismarck, for plaintiff and appellee; argued by Gail Hagerty, States Atty., Bismarck.

Bickle, Coles & Snyder, Bismarck, for defendant and appellant; argued by James J. Coles, Bismarck.

ERICKSTAD, Chief Justice.

This is an appeal by the defendant, Donald J. Eugene, from a judgment and sentence of conviction entered upon a jury verdict finding him guilty of the offense of burglary. We affirm.

On July 11, 1982, at approximately 11:33 p.m., an alarm system installed in a Bismarck restaurant known as Caspar's East Forty [hereinafter referred to as Caspar's or restaurant] sounded at the Bismarck police station. Officer Jack Schulz, in response...

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