State v. Miller

MESCHKE, Justice.

Lawrence Paul Miller appealed his jury conviction of attempted murder, arguing that either evidentiary errors or failure to instruct on the effect of extreme emotional disturbance required a new trial, and that lack of evidence required an acquittal. We affirm.

We must view the evidence in the light most favorable to the jury verdict. State v. Olson, 372 N.W.2d 901 (N.D.1985). We summarize the case in that light.

During the week of Christmas in 1989, Miller separated from his wife, Lisa. She remained in the couple’s apartment with their children. Miller took the family’s…