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STATE v. BENJAMIN

Cr. No. 870040.

417 N.W.2d 838 (1988)

STATE of North Dakota, Plaintiff and Appellee, v. Steven C. BENJAMIN, Defendant and Appellant.

Supreme Court of North Dakota.

January 12, 1988.

Attorney(s) appearing for the Case

Tom P. Slorby (argued), State's Atty., Minot, for plaintiff and appellee.

Teevens, Johnson & Montgomery, Minot, for defendant and appellant; argued by Bruce R. Montgomery.

MESCHKE, Justice.

Steven C. Benjamin appeals from a jury conviction of possession of marijuana with intent to deliver. We affirm.

On December 3, 1985, Dale Maixner, an agent for the North Dakota Drug Enforcement Unit, arranged to purchase marijuana from Robert Hoff and Zane Schlak. During the negotiations, Hoff and Schlak made known that they would get the marijuana from somebody living at Odd's Trailer Court in Minot. A police surveillance team

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