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State v. Kibble

SUPREME COURTSTATE OF NORTH DAKOTA
Sep 13, 2018

Per Curiam.

Appeal from the District Court of Hettinger County, Southwest Judicial District, the Honorable James D. Gion, Judge.

AFFIRMED.

Per Curiam.

Amy G. Pikovsky, Hettinger County State's Attorney, Mott, N.D., for plaintiff and appellee; submitted on brief.

Scott O. Diamond, Fargo, N.D., for defendant and appellant; submitted on brief.

Per Curiam.

[¶1] James Kibble appeals from a criminal judgment following a jury verdict of aggravated assault arising out of Kibble's striking another person in the hand with the dull side of a meat cleaver knife. Kibble argues the State did not present evidence sufficient to support an inference by the jury that Kibble had the requisite intent to cause serious bodily injury to the victim. We conclude the verdict is supported by substantial evidence, and we summarily affirm under N.D.R.App.P. 35.1(a)(3).

[¶2]

Gerald W. VandeWalle, C.J. Jerod E. Tufte Jon J. Jensen Lisa Fair McEvers Daniel J. Crothers