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STATE v. SCHUMAIER

No. 990156.

603 N.W.2d 882 (1999)

1999 ND 239

STATE of North Dakota, Plaintiff and Appellee, v. Rick SCHUMAIER, Defendant and Appellant.

Supreme Court of North Dakota.

December 22, 1999.

Attorney(s) appearing for the Case

Merle A. Torkelson, State's Attorney, Washburn, N.D., for plaintiff and appellee.

Thomas K. Schoppert of Schoppert Law Firm, Minot, N.D., for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] Rick Schumaier appeals from a jury verdict and order of the South Central Judicial District Court finding him guilty of disorderly conduct. We reverse the verdict and order, and remand for a new trial, concluding a self-defense instruction should have been given.

I

[¶ 2] Schumaier was tried before a jury on the charge of disorderly conduct. The charge stemmed from a fight between

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