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STATE v. THIEL

Crim. No. 1212.

411 N.W.2d 66 (1987)

STATE of North Dakota, Plaintiff and Appellee, v. Mark THIEL, Defendant and Appellant.

Supreme Court of North Dakota.

July 28, 1987.

Attorney(s) appearing for the Case

Bruce B. Haskell, Asst. States Atty., Mandan, for plaintiff and appellee.

Webster, Engel & Lee, Bismarck, for defendant and appellant; argued by Austin G. Engel, Jr., Bismarck.

ERICKSTAD, Chief Justice.

Mark Thiel appeals from a criminal judgment entered upon a jury verdict finding him guilty of simple assault in violation of § 12.1-17-01, N.D.C.C. We reverse and remand for a new trial.

The evidence, viewed in the light most favorable to the verdict, reveals that in the early morning hours of December 7, 1985, approximately fifteen to twenty people attended a post-wedding dance party at a motel room in New Salem. At 4 a.m.,...

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