[Go to Documents] | Filed Apr. 22, 1997 |
Criminal No. 960219
Appeal from the District Court for Burleigh County, South Central Judicial District, the Honorable James M. Vukelic, Judge.
AFFIRMED.
Per Curiam.
Wayne D. Goter (argued), 723 Memorial Highway, P.O. Box 1552, Bismarck, N.D. 58502-1552, for defendant and appellant.
Bruce A. Romanick (argued), Asst. State's Attorney, Burleigh County Courthouse, 514 East Thayer, Bismarck, N.D. 58501, for plaintiff and appellee.
State v. Holy Bear
Per Curiam.
[¶1] Lyle Frank Holy Bear was convicted by a jury for gross sexual imposition. He appealed, claiming the evidence was insufficient to sustain a verdict of guilty, and that the trial court erred in admitting hearsay testimony under N.D.R.Ev. 803 (24). We conclude the trial court did not abuse its discretion in admitting the hearsay testimony, and the verdict was based on sufficient evidence. The judgment of conviction is affirmed under Rule 35.1(a)(3) and (4), N.D.R.App.P.
| [¶2] | Gerald W. VandeWalle, C.J. Mary Muehlen Maring Herbert L. Meschke Dale V. Sandstrom William A. Neumann |