State v. PROCIVE

SANDSTROM, Justice.

[¶ 1] Benjamin Lee Procive appeals from a criminal judgment entered after a jury convicted him of aggravated assault under N.D.C.C. § 12.1-17-02, a class C felony. We conclude the district court did not abuse its discretion by admitting the testimony of a rebuttal witness. We affirm.

I

[¶ 2] In December 2007, Kurt Obrigew-itch attended an early morning party at Procive’s residence after the bar had closed. Obrigewitch walked to Procive’s residence from the bar with a six-pack of beer. During the party, while Obrigewitch was sitting on a bench visiting with Allan Kasian,…