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STATE v. AUSTIN

Cr. No. 930261.

520 N.W.2d 564 (1994)

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

Supreme Court of North Dakota.

August 24, 1994.

Attorney(s) appearing for the Case

John P. Van Grinsven III (argued), Asst. State's Atty., Minot, for plaintiff and appellee.

Gary H. Lee (argued), Olson Burns Lee & Larson, Minot, for defendant and appellant.

LEVINE, Justice.

Kevin Austin appeals from a judgment of conviction entered upon a jury verdict finding him guilty of two counts of murder. We affirm.

On February 8, 1985, Charles and Cora Abernathy, an elderly couple, were murdered in their rural Ward County home. Both victims had been shot in the head and their throats were slashed. The home was ransacked and approximately $300 was stolen.

In September 1985, Calvin Newnam confessed that he and Austin...

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