State v. Davies

ERICKSTAD, Chief Justice.

On May 25, 1976, the defendant Kenneth F. Davies was found guilty of the charge of burglary in violation of Section 12.1-22-02(1), N.D.C.C. On June 3, 1976, the district court in and for the County of Em-mons, sentenced Davies to pay a fine of $500, costs of prosecution of $744.80, restitution of $35 and to imprisonment in the state penitentiary for a term of five years with credit for 114 days previously served. Davies has filed a notice of appeal and a motion for release pending appeal from conviction. On the basis of the motion, this court ordered the State to…