[Go to Documents] | Filed Feb. 4, 1992 |
State of North Dakota, Plaintiff and Appellee
v.
Les Barth, Defendant and Appellant
Criminal No. 910237
Appeal from the District Court for Grand Forks County, Northeast Central Judicial District, the Honorable Bruce E. Bohlman, Judge.
AFFIRMED.
Opinion of the Court by Meschke, Justice.
Thomas H. Falck, Assistant States Attorney, PO Box 607, Grand Forks, ND 58206-0607, for plaintiff and appellee; argued by JoAnn Toth, Senior Legal Intern.
Thomas B. Jelliff, 212 South 4th, Suite 402, Grand Forks, ND 58201, for defendant and appellant; submitted on brief.
State v. Barth
Meschke, Justice.
Les Barth appealed a jury conviction of robbery of a Grand Forks liquor store. Barth argued that his conviction rests on accomplice testimony which was not sufficiently corroborated, and he is entitled to a judgment of acquittal. The evidence shows that the accomplice testimony was corroborated by other evidence that tended to connect Barth with the commission of the offense. NDCC 29-21-14. Affirmed under N.D.R.App.P. 35.1 (a)(3) and (4).
Herbert L. Meschke
Beryl J. Levine
Vernon R. Pederson, S.J.
Gerald W. VandeWalle
Ralph J. Erickstad, C.J.
Pederson, Surrogate Judge, sitting with the Court due to the resignation, effective November 20, 1991, of the Honorable H. F. Gierke.