State v. Whitetail

Filed Nov. 19, 2004
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2004 ND 209

State of North Dakota, Plaintiff and Appellee
v.
Lori Whitetail, Defendant and Appellant

No. 20040187

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Burt L. Riskedahl, Judge.
AFFIRMED.
Per Curiam.
Tyrone J. Turner, Assistant State's Attorney, 514 East Thayer Avenue, Bismarck, ND 58501, for plaintiff and appellee.
Kent M. Morrow, P.O. Box 2155, Bismarck, ND 58502-2155, for defendant and appellant.

State v. Whitetail
No. 20040187

Per Curiam.

[¶1] Lori Whitetail appealed from a jury conviction for delivery of alcoholic beverages to persons under 21, a class A misdemeanor. Whitetail claims the State failed to introduce sufficient evidence to warrant the jury finding her guilty beyond a reasonable doubt. Whitetail states there was no evidence demonstrating she knowingly delivered alcohol to a minor, and she argues the minors involved in the incident "snuck" the alcohol from her home. After reviewing the entire record and looking to the evidence most favorable to the jury's verdict and the reasonable inferences therefrom, we conclude the State introduced substantial evidence to warrant a conviction. We affirm Whitetail's conviction under N.D.R.App.P. 35.1(a)(3).

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