State v. Novak

State v. Novak, 1998 ND 80, 585 N.W.2d 581

[Go to Documents]Filed Apr. 28, 1998[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA1998 ND 80State of North Dakota, Plaintiff and Appellee
v.
Thomas Novak, Defendant and Appellant

Criminal No. 980013

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.
Loren C. McCray (argued), 121 West Main, P.O. Box 249, Beulah, ND 58523, for defendant and appellant.

State v. NovakCriminal No. 980013

Per Curiam.

[¶1] Thomas Novak appealed his jury conviction for violating NDCC 5-01-09 by delivery of alcohol to a minor, challenging the sufficiency of the evidence. We summarily affirmed. State v. Novak, 1997 ND 183, 575 N.W.2d 224. On remand, Thomas moved for a new trial based on an affidavit of a witness he had subpoenaed but not called to testify. The trial court denied his motion, and Thomas appealed. We affirm under NDRAppP 35.1(a)(4).

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