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STATE v. GAGNON

Criminal No. 960170.

567 N.W.2d 807 (1997)

1997 ND 153

STATE of North Dakota, Plaintiff and Appellee, v. William Scott GAGNON, III, Defendant and Appellant.

Supreme Court of North Dakota.

August 11, 1997.

Attorney(s) appearing for the Case

Mark Ashley Flagstad (argued), Assistant State's Attorney, Minot, for plaintiff and appellee.

Gary Harold Lee (argued), Minot, for defendant and appellant. Appearance by Scott Miller.

MARING, Justice.

[¶ 1] William Gagnon III appealed from a verdict and judgment of conviction for the offense of murder. We reverse and remand for a new trial.

[¶ 2] Leaving Friday's, a Minot bar, at about 1:00 a.m. on March 29, 1996, Gagnon and Phillip McIalwain were walking backwards across the parking lot. Kevin Gieser and Wayne Gieser exchanged words with Gagnon and McIalwain. An altercation developed...

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