State v. McHugh

State v. McHugh, 2001 ND 76, 629 N.W.2d 585

[Go to Documents]Filed May 1, 2001[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2001 ND 76

State of North Dakota, Plaintiff and Appellee
v.
Clyde Edward McHugh, Sr., Defendant and Appellant

No. 20000354

Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.
AFFIRMED.
Per Curiam.
Brian D. Grosinger, Assistant State's Attorney, 210 2nd Ave. NW, Mandan, ND 58554, for plaintiff and appellee.
Kent M. Morrow (on brief), Severin, Ringsak & Morrow, 411 N. 4th St., P.O. Box 2155, Bismarck, ND 58502-2155, for defendant and appellant.

State v. McHugh
No. 20000354

Per Curiam.

[¶1] Clyde McHugh, Sr., appealed from a judgment of conviction based on a jury verdict finding him guilty of gross sexual imposition. McHugh argued the evidence was insufficient to convict him of the crime and the trial court erred in refusing to allow testimony regarding a prior inconsistent statement of the victim and in refusing to allow an offer of proof regarding the proposed testimony. We conclude there was sufficient evidence to uphold the guilty verdict. The trial court did not abuse its discretion in excluding cumulative testimony, and an offer of proof was allowed. We summarily affirm under N.D.R.App.P. 35.1(a)(3), (4).

[¶2] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom