State v. Holy Bull

SAND, Judge.

This is an appeal by the State from an order of the district court granting defendant’s motion for a new trial following his conviction of murder in the first degree. The defendant Gary Holy Bull cross-appealed from the trial court’s denial of his motion for a directed verdict. 1

The defendant Gary Holy Bull was charged with murder in the first degree of Robert L. French and was tried before a jury.

At the end of the State’s case, the defendant moved for a “directed verdict of acquittal, pursuant to Rule 29 of the North Dakota Rules of Criminal Procedure, on the ground and for the…