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STATE v. LEMONS

No. 20030029.

675 N.W.2d 148 (2004)

2004 ND 44

STATE of North Dakota, Plaintiff and Appellee v. Michael Ray LEMONS, Defendant and Appellant.

Supreme Court of North Dakota.

February 25, 2004.

Attorney(s) appearing for the Case

William A. Mackenzie, Jamestown, N.D., submitted on brief.

H. Jean Delaney, Assistant State's Attorney, Valley City, N.D., submitted on brief.

NEUMANN, Justice.

[¶ 1] Michael Ray Lemons appeals from the trial court's criminal judgment and commitment finding him guilty of aggravated assault. Lemons also appeals from the trial court's subsequent denial of his motion for a new trial. After learning Lemons' witness was absent, the trial court denied Lemons' request for a continuance and alternative request to allow the witness to testify by telephone. The trial court further denied Lemons' motion for a...

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