State v. Hegland

VANDE WALLE, Justice.

Allan M. Hegland appealed from a Benson County Court order denying his motion for a new trial based on the ground of newly discovered evidence under Rule 33(b), N.D.R.Crim.P. We affirm.

Hegland was convicted by a jury of contributing to the delinquency of a minor and of delivery of alcoholic beverages to a person under 21 years of age.

At trial the State’s first witness, Sheriff Ned Mitzel, testified that he entered Heg-land’s residence pursuant to a warrant. He testified that he found four adults and several minors present and that he discovered beer in the refrigerator,…