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STATE v. KURLE

Crim. No. 1162.

390 N.W.2d 48 (1986)

STATE of North Dakota, Plaintiff and Appellee, v. Eugene KURLE, Defendant and Appellant.

Supreme Court of North Dakota.

July 16, 1986.

Attorney(s) appearing for the Case

Walter M. Lipp, State's Atty., McClusky, on brief, for plaintiff and appellee.

A. William Lucas, of Lundberg, Nodland, Lucas & Schulz, Bismarck, for defendant and appellant.

VANDE WALLE, Justice.

Eugene Kurle appealed from a judgment of conviction of the Sheridan County Court for menacing. Kurle argues that the evidence is insufficient to support the trial court's finding of guilt.1 We reverse.

When a defendant alleges on appeal that the evidence is insufficient to sustain a conviction, "`we do not weigh conflicting evidence, nor do we judge the credibility of witnesses; instead, we look only to the...

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