State v. Berger

ERICKSTAD, Chief Justice.

Kenny Berger, defendant and appellant herein, was convicted of assault and battery in violation of Section 12-26-02, N.D.C.C., in a nopjury trial heard by Judge Thomas Ewing of the Stark County Court of Increased Jurisdiction. Pursuant to Rule 13, N.D.R.Crim.P., a consolidated trial of Robert, Frank, and Donald Berger, as well as of the appellant, was begun at 9:30 a. m., January 31, 1975, and three of the State’s witnesses had testified before the court discovered that it had neglected to arraign Donald, Frank, and Robert Berger. When the three would not waive the…