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STATE v. BURGER

Criminal No. 980081.

590 N.W.2d 197 (1999)

1999 ND 30

STATE of North Dakota, Plaintiff and Appellee, v. Jon BURGER, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied March 18, 1999.

Attorney(s) appearing for the Case

Bruce A. Romanick, Assistant State's Attorney, Bismarck, ND, for plaintiff and appellee.

Michael R. Hoffman, Mandan, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Jon Burger appeals from a criminal judgment entered upon a jury verdict finding him guilty of attempted theft by deception. We affirm.

I

[¶ 2] On May 2, 1996, Burger mailed an application to Gerber Life Insurance Company (Gerber) for a $15,000 life insurance policy on his infant son, Preston. The application and cover sheet promised a "30 Day Free Look" and stated "SEND...

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