City of Bismarck v. McCormick
North Dakota Supreme Court
1Opinion of the Court
VANDE WALLE, Chief Justice.
[¶ 1] The City of Bismarck appealed from a district court order granting Daniel J. McCormick’s post-trial motion for a judgment of acquittal. We reverse the district court order and remand for further proceedings consistent with this opinion.
I
[¶ 2] On November 17, 2010, McCormick was charged with driving under the influence in violation of a Bismarck city ordinance. McCormick pled not guilty and requested a jury trial. As provided by N.D.C.C. § 40-18-15.1, the matter was transferred from municipal court to district court for a jury trial. The trial was held on June…
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