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State v. Schwab

Supreme Court of North Dakota

July 1, 2015

State of North Dakota, Plaintiff and Appellee
v.
Christopher Tylor Schwab, Defendant and Appellant

Appeal from the District Court of Ransom County, Southeast Judicial District, the Honorable Jerod E. Tufte, Judge.

Fallon M. Kelly (argued), State's Attorney, Lisbon, ND, for plaintiff and appellee.

Jason R. Butts (on brief) and Amy M. Clark (argued), Wahpeton, ND, defendant and appellant, for defendant and appellant.

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

OPINION

Per Curiam.

[¶1] Christopher Tylor Schwab appeals from a criminal judgment entered after a jury found him guilty of accomplice to gross sexual imposition. On appeal, Schwab argues 1) insufficient evidence supports the jury's verdict and 2) the district court abused its discretion by denying his motion for a new trial because the weight of the evidence was against the jury's verdict. We conclude sufficient evidence supports the verdict and the district court did not abuse its discretion by finding the weight of the evidence was not against the verdict. We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(3) and (4).

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


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