State v. Hussein

North Dakota Supreme Court

State v. Hussein

2018 ND 209, 917 N.W.2d 7

CourtNorth Dakota Supreme Court

DecidedSeptember 13, 2018

Docket20180008

StatusPublished

This text of 2018 ND 209 (State v. Hussein) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hussein, 2018 ND 209, 917 N.W.2d 7 (N.D. 2018).

Pincite

Opinion

Per Curiam.

*8 [¶ 1] Adel Abdirahman Hussein appeals the district court's criminal judgment entered on a jury's verdict finding him guilty of simple assault on a peace officer. Hussein challenges the sufficiency of the evidence for the jury's verdict, arguing the State did not present evidence that the peace officer was "impaired of physical condition." Viewing the evidence in the light most favorable to the verdict, we conclude the evidence reasonably tends to prove guilt and fairly supports the conviction. We summarily affirm under N.D.R.App.P. 35.1(a)(3) and (7). State v. Hannah , 2016 ND 11 , ¶ 9, 873 N.W.2d 668 (concluding pain is a qualifying, but not necessary, circumstance of bodily impairment under N.D.C.C. § 12.1-01-04(4) ).

[¶ 2] Gerald W. VandeWalle, C.J.

Lisa Fair McEvers

Daniel J. Crothers

Jerod E. Tufte

Jon J. Jensen

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Per Curiam.

*8 [¶ 1] Adel Abdirahman Hussein appeals the district court's criminal judgment entered on a jury's verdict finding him guilty of simple assault on a peace officer. Hussein challenges the sufficiency of the evidence for the jury's verdict, arguing the State did not present evidence that the peace officer was "impaired of physical condition." Viewing the evidence in the light most favorable to the verdict, we conclude the evidence reasonably tends to prove guilt and fairly supports the conviction. We summarily affirm under N.D.R.App.P. 35.1(a)(3) and (7). State v. Hannah , 2016 ND 11 , ¶ 9, 873 N.W.2d 668 (concluding pain is a qualifying, but not necessary, circumstance of bodily impairment under N.D.C.C. § 12.1-01-04(4) ).

[¶ 2] Gerald W. VandeWalle, C.J.

Lisa Fair McEvers

Daniel J. Crothers

Jerod E. Tufte

Jon J. Jensen

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Bluebook (online)

2018 ND 209, 917 N.W.2d 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hussein-nd-2018.

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