State v. Miller

SAND, Justice.

Eldor Miller and Ida Miller, husband and wife, appealed from criminal judgments following a jury verdict which found them guilty of defrauding a secured creditor, a violation of North Dakota Century Code § 12.1-23-08.

In 1977 Eldor signed a promissory note for a $20,000 loan from the Union State Bank of Hazen. On 25 June 1981 Eldor and Ida renewed this loan with the Union State Bank by jointly executing two new promissory notes. To secure these new notes Eldor and Ida both signed a security agreement which pledged as collateral

“800 bushels of durum

“HRS wheat stored in a 38 x 80…