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STATE v. JOHNSON

Nos. 20010025-20010027.

636 N.W.2d 391 (2001)

2001 ND 184

STATE of North Dakota, Plaintiff and Appellee, v. Robert L. JOHNSON, Defendant and Appellant.

Supreme Court of North Dakota.

December 5, 2001.

Attorney(s) appearing for the Case

Leo Albert Ryan, Assistant State's Attorney, Jamestown, N.D., for plaintiff and appellee.

Eric P. Baumann, Kropp Law Offices, Jamestown, N.D., for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Robert Johnson appealed from a judgment of conviction for simple assault of a correctional facility employee and contact by bodily fluids or excrement with a correctional facility employee. We conclude the trial court committed obvious error in instructing the jury that the defendant had the burden of proof on the defense of lack of criminal responsibility, and we reverse and remand for a new trial.

I

[¶...

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