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STATE v. MARSHALL

Crim. No. 940268.

531 N.W.2d 284 (1995)

STATE of North Dakota, Plaintiff and Appellee, v. Floyd Solomon MARSHALL, Sr., Defendant and Appellant.

Supreme Court of North Dakota.

May 9, 1995.

Attorney(s) appearing for the Case

Constance L. Cleveland (argued), Asst. State's Atty., Fargo, for plaintiff and appellee.

Johnson Law Office, Fargo, for defendant and appellant; argued by Alisha Ankers.

MESCHKE, Justice.

Floyd Solomon Marshall appealed from his jury conviction of accomplice to burglary. We affirm.

Officer McDonald of the North Dakota State University Police Department was on patrol in Fargo in the early morning hours of November 7, 1993. He saw a car with its lights off in the G. Wilikers restaurant parking lot. McDonald drove by again, and saw Marshall in the car and Todd Edmond Cody near the restaurant's drive-up window. When they began...

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