State v. Hren
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The Supreme Court affirmed the judgment of the district court convicting Defendant of felony criminal endangerment, misdemeanor stalking, and felony stalking, holding that the district court did not err.
The first trial in this case resulted in a hung jury. A year later, a second trial was held, and Defendant was convicted. At issue on appeal was whether the admission of a railroad tie at the second trial was proper because it was not in the same condition as the first trial. The Supreme Court affirmed, holding that the district court (1) did not err by not dismissing the stalking charges for insufficient evidence; and (2) did not err by admitting the railroad tie into evidence at the second trial after it had been exposed to the elements following the first trial and its condition deteriorated.
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