State v. Lende

CLIFFORD JANSONIUS, District Judge.

This is an appeal from a judgment of conviction. The defendant was charged with the crime of assault and battery upon a peace officer, a charge established by the 1969 Legislature.

Section 12-26-04, N.D.C.C., as amended, reads:

“Any person convicted of assault or assault and battery shall be guilty of a misdemeanor, except that if such offense is committed upon a peace officer who is performing his official duties, such crime shall be a felony.”

The information charges:

“The State’s Attorney for the County of Cass, in the State of North Dakota, accuses Donald…