State v. Dominguez

11:15am

Tuesday, October 30, 2012

20120240

State of North Dakota, Plaintiff and Appellee
v.
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)

Counsel:

Appellant:		Thomas V. Omdahl
Appellee:		Barbara L. Whelan , State's Attorney

Issues:

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?

Briefs:

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Generated from Supreme Court Docket on 10/31/2012