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STATE v. SMAAGE

Cr. No. 950308.

547 N.W.2d 916 (1996)

STATE of North Dakota, Plaintiff and Appellee v. Selmer Allen SMAAGE, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied June 27, 1996.

Attorney(s) appearing for the Case

Joel F. Arnason, Arnason Law Office, Grand Forks, for defendant and appellant.

Terence P. Devine, State's Attorney, Lakota, for plaintiff and appellee.

MARING, Justice.

Selmer Allen Smaage appeals a criminal judgment entered upon a jury verdict finding him guilty of negligent homicide. We affirm.

On December 9, 1993, Smaage was driving with his father on a rural Nelson County road. The day was snowy and windy. Smaage attempted to make a left turn onto a side road. He waited for a delivery truck to clear the opposite lane, and turned after it had passed. A pickup...

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