City of Wahpeton v. Wilkie

GIERKE, Justice.

Corey Wilkie appeals from a conviction for possession of alcohol by a person under 21 years of age. Wilkie was charged and convicted under Wahpeton City Ordinance Section 22-2121. We reverse.

The basic facts of this case are not disputed. Wilkie was a co-renter with Clinton R. Kessler in Wahpeton, North Dakota. On November 23, 1990 Kessler invited several friends over for a party where alcoholic beverages were served. Wilkie did not participate in the party. When he came to the apartment at about 9:30 p.m., he gave his roommate “guff” about having the party. He was in the…