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State v. Eversvik

Supreme Court of North Dakota
Mar 30, 1994
514 N.W.2d 370 (N.D. 1994)

Opinion

Cr. No. 930292.

March 30, 1994.

Appeal from the County Court, Ramsey County, Northeast Judicial District, Donovan Foughty, J.

Lonnie Olson, State's Atty., Devils Lake, for plaintiff and appellee; submitted on briefs.

Scott R. Thompson, Thompson Thompson, Devils Lake, for defendant and appellant; submitted on briefs.


Russell Eversvik appealed a county court judgment of conviction entered upon a guilty verdict for the offense of fleeing a police officer, in violation of section 39-10-71, NDCC. Eversvik alleges that the evidence at the trial level relating to whether the officer's signal to stop was perceptible to Eversvik was insufficient to justify the court's guilty verdict. Construing the evidence in a light most favorable to the verdict, State v. Pollack, 462 N.W.2d 119 (N.D. 1990), we believe a reasonable inference of guilt can be drawn. C.f. Maher v. North Dakota Dept. of Transp., 510 N.W.2d 601 (N.D. 1994) [Evidence of failure to stop in presence of emergency lights and siren support finding that failure to stop was an endeavor to avoid arrest.]

The judgment of the county court is affirmed.

SANDSTROM, NEUMANN, LEVINE and MESCHKE, JJ., concur.


Summaries of

State v. Eversvik

Supreme Court of North Dakota
Mar 30, 1994
514 N.W.2d 370 (N.D. 1994)
Case details for

State v. Eversvik

Case Details

Full title:STATE of North Dakota, Plaintiff and Appellee, v. Russell Lee EVERSVIK…

Court:Supreme Court of North Dakota

Date published: Mar 30, 1994

Citations

514 N.W.2d 370 (N.D. 1994)