STATE v. CAIN

No. 20110010.

806 N.W.2d 597 (2011)

2011 ND 213

STATE of North Dakota, Plaintiff and Appellee v. Dickey Joseph CAIN, Defendant and Appellant.

Supreme Court of North Dakota.

November 15, 2011.


Attorney(s) appearing for the Case

Pamela Ann Nesvig (argued), Assistant State's Attorney, Bismarck, ND, for plaintiff and appellee.

Kent M. Morrow (argued), Bismarck, ND, for defendant and appellant.


CROTHERS, Justice.

[¶ 1] Dickey Joseph Cain appeals the district court's criminal judgment and finding of habitual offender status entered after a jury convicted him of conspiracy to commit aggravated assault. Cain argues the district court erred by (1) denying his motion for judgment of acquittal because the State failed to introduce sufficient evidence of the agreement required to establish a conspiracy, (2) finding he was a habitual offender based on certified...

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