State v. Novak

State v. Novak, 1997 ND 183, 575 N.W.2d 224

Filed Sep. 30, 1997
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
1997 ND 183State of North Dakota, Plaintiff and Appellee
v.
Thomas Novak, Defendant and Appellant

Criminal No. 970083

Appeal from the District Court for Mercer County, South Central Judicial District, the Honorable James M. Vukelic, Judge.
AFFIRMED.
Per Curiam.
Larry W. Quast (argued), State's Attorney, P.O. Box 39, Stanton, ND 58571-0039, for plaintiff and appellee.
Alexander Law Office, P.O. Box 249, Beulah, ND 58523, for defendant and appellant; argued by Loren C. McCray.

State v. NovakCriminal No. 970083

Per Curiam.

[¶1] Thomas Novak appeals his jury conviction for delivery of an alcoholic beverage to a person under age 21, a class A misdemeanor under NDCC 5-01-09, challenging the sufficiency of the evidence for the verdict. He contends the circumstantial evidence was insufficient to prove the culpability and delivery elements of the offense. We affirm under NDRAppP 35.1(a)(3).

[¶2]Gerald W. VandeWalle, C.J.
Herbert L. Meschke
Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom