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STATE v. ABELL

Cr. No. 1134.

383 N.W.2d 810 (1986)

STATE of North Dakota, Plaintiff and Appellee, v. Robert ABELL, Defendant and Appellant.

Supreme Court of North Dakota.

March 19, 1986.

Attorney(s) appearing for the Case

Patricia L. Burke, Asst. State's Atty., Bismarck, for plaintiff and appellee.

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

GIERKE, Justice.

Robert Abell appeals from his judgment of conviction for the offense of gross sexual imposition in violation of Section 12.1-20-03(2)(b), N.D.C.C. We reverse and remand for a new trial.

Abell was charged with engaging in sexual contact with a twelve-year-old girl through the use of force.1 Abell was a friend of the victim's mother, and at the time of the alleged incident was residing with her and the victim in...

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