|11:15am||Tuesday, October 30, 2012|
State of North Dakota, Plaintiff and Appellee
Esteban F. Dominguez, Defendant and Appellant
|Appeal from:||Northeast Judicial District, Walsh County, Judge M. Richard Geiger, 50-2011-CR-00328|
|Nature of Action:||Misc. Statutory Offense (Felony)|
Appellant's Statement of the Issues:|
I. Whether the District Court improperly denied the motion to set aside the jury verdict and order a new trial if, as a matter of law, N.D.C.C. 12.1-16-01 (b) cannot be charged where the victim does not die.
II. Whether "Murder" under N.D.C.C. 12.1-16-01 (b) is a strict liability offense requiring all elements to be present in order to convict.
Appellee's Statement of the Issues:
I. Did the trial court properly instruct the jury on the law of attempted murder?
II. Is the crime of murder a "strict liability" offense?
Generated from Supreme Court Docket on 10/31/2012