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STATE v. PROCIV

Cr. No. 870073.

417 N.W.2d 840 (1988)

STATE of North Dakota, Plaintiff and Appellee, v. Michael PROCIV, Defendant and Appellant.

Supreme Court of North Dakota.

January 12, 1988.

Attorney(s) appearing for the Case

State's Atty. Jay Brovold, Medora, for plaintiff and appellee.

Freed, Dynes, Reichert & Buresh, Dickinson, for defendant and appellant; argued by Eugene F. Buresh.

LEVINE, Justice.

Michael Prociv appeals from a judgment of conviction based upon a jury verdict finding him guilty of violating North Dakota Century Code § 36-21.1-02(2).1 We affirm.

Prociv raises two issues on appeal:

(1) Whether the trial court erred "in failing to instruct the jury of the element of culpability required for a conviction under Sec. 36-21.1-11 of the North Dakota Century Code." (2) Whether...

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