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STATE of North Dakota, Plaintiff and Appellee v. Adel Abdirahman HUSSEIN, Defendant and Appellant

North Dakota Supreme Court2018-09-13No. No. 20180008
917 N.W.2d 7

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Opinion

majority opinion

Per Curiam.

[¶ 1] Adel Abdirahman Hussein appeals the district courts criminal judgment entered on a jurys verdict finding him guilty of simple assault on a peace officer. Hussein challenges the sufficiency of the evidence for the jurys 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