[Go to Documents] | Filed Nov. 3, 1995 |
State of North Dakota, Plaintiff and Appellee
v.
David B. Kerbaugh, Defendant and Appellant
Criminal No. 950066
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Ralph R. Erickson, Judge.
AFFIRMED.
Per Curiam.
Mark R. Boening, Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for plaintiff and appellee.
Steven D. Mottinger, 921 Second Avenue South, Fargo, ND 58103, for defendant and appellant.
State v. Kerbaugh
Per Curiam.
David Kerbaugh appealed from the judgment of conviction entered upon the jury verdict of guilty of theft by deception in violation of section 12.1-23-02, NDCC. Kerbaugh argues that the statements made by the prosecutor during closing arguments were prejudicial and were not cured by the trial court's cautionary instruction to the jury.
We affirm under N.D.R. App. P. 35.1(a)(4). See State v. Schimmel, 409 N.W.2d 335 (N.D. 1987).
Gerald W. VandeWalle, C. J.
Herbert L. Meschke
Beryl J. Levine
William A. Neumann
Benny A. Graff, D. J.
GRAFF, Benny A., D.J., sitting in place of Sandstrom, Dale V., J., disqualified.