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State v. Benson

Supreme Court of North Dakota

March 11, 2014

State of North Dakota, Plaintiff and Appellee
v.
Barry Lee Benson, Defendant and Appellant

Appeal from the District Court of Bottineau County, Northeast Judicial District, the Honorable Michael G. Sturdevant, Judge.

Anthony S. Benson, Assistant State's Attorney, Bottineau, ND, for plaintiff and appellee.

Ryan J. Thompson, Rolette County State's Attorney, Rolla, ND, for defendant and appellant.

Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom.

OPINION

PER CURIAM.

[¶1] Barry Lee Benson appeals from a district court judgment entered following a jury trial in which Benson was found guilty of continuous sexual abuse of a child. Benson argues the district court erred in denying Benson's motions for acquittal due to insufficient evidence and abused its discretion in allowing the State to present the testimony of a witness over Benson's objection. We summarily affirm the district court judgment under N.D.R.App.P. 35.1(a)(3) and (4).

[¶2] Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, ...


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