State v. Borner

MAKING, Justice.

[¶ 1] Cody Borner appeals the trial court’s judgment of conviction after a jury found him guilty of two counts of conspiracy to commit murder. He argues the criminal information failed to charge him with the purported offense of conspiracy to commit murder. We hold that the charge of conspiracy to commit murder under N.D.C.C. §§ 12.1-06-04 and 12.1-16-01(l)(b) is not a cognizable offense. We reverse the criminal judgment.

I

[¶ 2] Borner and Richard Whitman were charged with two counts of conspiracy to commit murder. The State charged Borner and Whitman with conspiracy to commit…