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STATE v. RIVET

Nos. 20080008, 20080011.

752 N.W.2d 611 (2008)

2008 ND 145

STATE of North Dakota, Plaintiff and Appellee v. Thomas Edward RIVET, Defendant and Appellant State of North Dakota, Plaintiff and Appellee v. Louis Dominic Lugert, Defendant and Appellant.

Supreme Court of North Dakota.

July 21, 2008.

Attorney(s) appearing for the Case

Reid A. Brady, Assistant State's Attorney, Fargo, ND, for plaintiff and appellee.

Mark T. Blumer, Valley City, ND, for defendant and appellant Thomas Edward Rivet.

Monty G. Mertz, Fargo, ND, for defendant and appellant Louis Dominic Lugert.

VANDE WALLE, Chief Justice.

[¶ 1] In these consolidated cases, Thomas Rivet appealed a criminal judgment entered after being found guilty by a jury of robbery and attempted murder and Louis Lugert appealed a criminal judgment entered after being found guilty by a jury of being an accomplice to attempted murder and an accomplice to robbery. We reverse the judgments against Rivet and Lugert and remand for a new trial.

I.

[¶ 2] Appellants...

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