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STATE v. ZAJAC

No. 20080203.

767 N.W.2d 825 (2009)

2009 ND 119

STATE of North Dakota, Plaintiff and Appellee v. Lawrence James ZAJAC, Defendant and Appellant.

Supreme Court of North Dakota.

July 9, 2009.

Attorney(s) appearing for the Case

Arthur Warren Stokes, State's Attorney, Wahpeton, N.D., for plaintiff and appellee; submitted on brief.

Mark A. Meyer, Meyer Law Firm, Wahpeton, N.D., for defendant and appellant.

MARING, Justice.

[¶ 1] Lawrence Zajac appeals from a district court order deferring imposition of sentence, entered upon a jury verdict finding him guilty of injuring a highway under N.D.C.C. § 24-12-01, and from the court's order denying his motion for a new trial. Because we conclude that the district court did not err in denying Zajac's requested jury instruction on the defense of excuse, we affirm.

I

[¶ 2] In a June 11, 2007, complaint...

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