Legal Opinion

State v. O'Rourke

North Dakota Supreme Court

Decided February 28, 1996No. Criminal No. 950152PublishedCited by 1 opinion

1Opinion of the Court

NEUMANN, Justice.

Herb O’Rourke appeals from a criminal judgment entered upon jury verdicts finding him guilty of two counts of delivery of a controlled substance in violation of N.D.C.C. § 19-03.1-23(l)(b). We affirm.

On February 20 and 27, 1992, O’Rourke sold marijuana to a police informer in a bar owned by O’Rourke. On each occasion law enforcement officials observed O’Rourke get the marijuana from his 1989 Cadillac. On March 3, 1993, the State seized the 1989 Cadillac under the forfeiture provisions of the Uniform Controlled Substances Act, N.D.C.C. Ch. 19-03.1. On August 24, 1993, the…

2Cases cited26 opinions

  1. United States v. DixonSupreme Court of the United States · 1993
  2. United States v. HalperSupreme Court of the United States · 1989
  3. Austin v. United StatesSupreme Court of the United States · 1993
  4. Serfass v. United StatesSupreme Court of the United States · 1975
  5. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994

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3Cited by1 opinion

  1. State v. O'ROURKENorth Dakota Supreme Court · 1996

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