STATE v. WELCH

Cr. No. 870133.

426 N.W.2d 550 (1988)

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

Supreme Court of North Dakota.

June 28, 1988.


Attorney(s) appearing for the Case

C. Charles Chinquist (argued), Fargo, for defendant and appellant.

James Forster Twomey (argued), Asst. State's Atty., Fargo, for plaintiff and appellee.


LEVINE, Justice.

Michael Duane Welch appeals from a judgment of conviction of conspiracy to possess and accomplice to possession of a controlled substance. The primary issue is whether the prosecutor's disclosure in his opening statement of an accomplice's conviction is prejudicial error requiring a new trial, in light of the failure to request a cautionary instruction. We hold it is not and affirm.

On Saturday, June 29, 1985, the drug enforcement unit of...

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