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STATE v. EVANS

Nos. 980155, 980156.

593 N.W.2d 336 (1999)

1999 ND 70

STATE of North Dakota, Plaintiff and Appellee, v. Dennis EVANS, Defendant and Appellant. State of North Dakota, Plaintiff and Appellee, v. Brian D. Barnhardt, Defendant and Appellant.

Supreme Court of North Dakota.

April 27, 1999.

Attorney(s) appearing for the Case

Ladd Ronald Erickson, Assistant State's Attorney, Mandan, for plaintiff and appellee.

Marvin M. Hager, Bismarck, for defendant and appellant Dennis Evans, and Wayne D. Goter, Bismarck, for defendant and appellant Brian D. Barnhardt.

KAPSNER, Justice.

[¶ 1] Dennis Evans and Brian Barnhardt appealed criminal judgments entered upon jury verdicts finding them guilty of conspiracy to deliver a controlled substance. Because of improper argument by the prosecutor, we reverse and remand for a new trial.

[¶ 2] On May 14, 1997, a confidential informant for Officer Wendlick of the Mandan Police Department was searched by police and equipped with a body transmitter. The informant then went...

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