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STATE v. YAGOW

Cr. No. 870359.

423 N.W.2d 498 (1988)

STATE of North Dakota, Plaintiff and Appellee, v. Kevin YAGOW, Defendant and Appellant.

Supreme Court of North Dakota.

May 17, 1988.

Attorney(s) appearing for the Case

Wayne P. Jones, State's Atty., Lisbon, for plaintiff and appellee.

Rudolph Lion Zalowitz, Elizabeth, N.J., for defendant and appellant. Appearance by DeLayne G. Nassif.

MESCHKE, Justice.

Kevin Yagow appealed from a jury conviction of possessing alcohol while under age. He argued that the State did not prove his possession, that the judge acted improperly, that the sheriff's presence at the State's counsel table was prejudicial, and that his sentence was improper. We affirm.

Yagow argued that the State did not prove his possession of an alcoholic beverage. But, Yagow's possession was well

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