State v. Hass

268 N.W.2d 456 (1978)

STATE of North Dakota, Plaintiff and Appellee,

v.

Marvin Edward HASS, Defendant and Appellant.

Crim. No. 631.

Supreme Court of North Dakota.

May 24, 1978.

Richard L. Schnell, State's Atty., Mandan, for plaintiff and appellee State of North Dakota.

Daniel J. Chapman, Bismarck, for defendant and appellant.

VOGEL, Justice.

The appellant was charged with the crime of terrorizing[1] and was found guilty by a jury of the lesser-included offense of menacing.[2] This appeal followed. We remand for resentencing.

The charge against the defendant arose from a melee on a rural road. After the…