State v. Martinsons

MESCHKE, Justice.

Peter K. Martinsons appealed from a jury conviction of theft of property by defrauding a secured creditor. We affirm.

Martinsons borrowed $99,500 from the Security State Bank of Robinson. The Bank perfected a security interest on his livestock in Burleigh County. Martinsons sold his cattle, but did not pay at least $63,000 of the sale proceeds on his debt to the Bank. That debt remains unpaid. Martinsons was charged under NDCC 12.-1-23-02 and 12.1-23-08 with theft of property by defrauding a secured creditor. 1 He was found guilty by a jury, sentenced, and appealed.

Martinsons…