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STATE v. ELLVANGER

Cr. No. 890144.

453 N.W.2d 810 (1990)

STATE of North Dakota, Plaintiff and Appellee, v. Brandon ELLVANGER, Defendant and Appellant.

Supreme Court of North Dakota.

March 28, 1990.

Attorney(s) appearing for the Case

Wade G. Enget (argued), State's Atty., Stanley, for plaintiff and appellee. Appearance by William E. Woods, Jr., Sp. Asst. State's Atty.

Farhart, Lian, Maxson, Howard & Sorensen, P.C., Minot, for defendant and appellant; argued by Brenda M. Zent.

MESCHKE, Justice.

Brandon Ellvanger appealed from jury convictions of manslaughter and attempted manslaughter, from denial of his motion for acquittal, and from denial of his motions for a new trial. We rule that admissions by an intoxicated and unrepresented juvenile should not have been used as evidence. We reverse and remand for a new trial.

After school on November 25, 1987, fifteen-year-old Brandon Ellvanger checked his trap line around the farm where...

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