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STATE v. BORNER

No. 20120388.

836 N.W.2d 383 (2013)

2013 ND 141

STATE of North Dakota, Plaintiff and Appellee v. Cody BORNER, Defendant and Appellant.

Supreme Court of North Dakota.

August 29, 2013.

Attorney(s) appearing for the Case

Jessica J. Binder , State's Attorney, Stanton, N.D., for plaintiff and appellee.

Michael R. Hoffman , Bismarck, N.D., for defendant and appellant.

MARING, Justice.

[¶ 1] Cody Borner appeals the trial court's judgment of conviction after a jury found him guilty of two counts of conspiracy to commit murder. He argues the criminal information failed to charge him with the purported offense of conspiracy to commit murder. We hold that the charge of conspiracy to commit murder under N.D.C.C. §§ 12.1-06-04 and 12.1-16-01(1)(b) is not a cognizable offense. We reverse the criminal judgment.

I...

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