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STATE v. O'ROURKE

Criminal No. 950152.

544 N.W.2d 384 (1996)

STATE of North Dakota, Plaintiff and Appellee, v. Herb O'ROURKE, a/k/a Herbert Alvin O'Rourke, Defendant and Appellant.

Supreme Court of North Dakota.

February 28, 1996.

Attorney(s) appearing for the Case

Merle Ann Torkelson (argued), State's Attorney, Washburn, for plaintiff and appellee.

Wayne D. Goter (argued), of Wheeler Wolf, Bismarck, for defendant and appellant.

NEUMANN, Justice.

Herb O'Rourke appeals from a criminal judgment entered upon jury verdicts finding him guilty of two counts of delivery of a controlled substance in violation of N.D.C.C. § 19-03.1-23(1)(b). We affirm.

On February 20 and 27, 1992, O'Rourke sold marijuana to a police informer in a bar owned by O'Rourke. On each occasion law enforcement officials observed O'Rourke get the marijuana from his 1989 Cadillac. On March 3, 1993, the State seized...

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