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STATE v. SAULTER

No. 20080220.

764 N.W.2d 430 (2009)

2009 ND 78

STATE of North Dakota, Plaintiff and Appellee v. Timothy Carlton SAULTER, Defendant and Appellant.

Supreme Court of North Dakota.

April 30, 2009.

Attorney(s) appearing for the Case

Meredith Huseby Larson (on brief), Assistant State's Attorney, Christopher S. Pieske (argued), third-year law student, and Haley L. Wamstad (appeared), Assistant Attorney General, Grand Forks, N.D., for plaintiff and appellee.

Benjamin C. Pulkrabek, Mandan, N.D., for defendant and appellant.

CROTHERS, Justice.

[¶ 1] Timothy Saulter appeals a criminal judgment entered after he was found guilty of aggravated assault following a bench trial. Saulter argues the district court abused its discretion by admitting a law enforcement officer's expert witness testimony as lay witness opinion testimony. Although the district court abused its discretion by admitting the officer's testimony as lay witness opinion testimony, we conclude the error was harmless,...

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