• 1990 - Related Acts of Offenses
  • K-5.30
    • Charge To Jury
    • Evidence
    • Intent
    • Motive
    • Prior Convictions
    • Closing Instructions
  • For the purpose of showing [motive] [intent] [identity] [scheme or plan] [absence of mistake or accident] with respect to the offense charged, the Court received evidence of other acts or offenses committed by the Defendant. Before considering evidence of other acts or offenses for this purpose, you must first find beyond a reasonable doubt that the Defendant committed the acts constituting the offense charged.
    • State v. Flath, 237 NW 792 (ND 1931)
    • State v. Gammons, 256 NW 163 (ND 1934)
    • State v. Heaton, 217 NW 531 (ND 1927)
    • State v. Kaufman, 310 NW2d 709, 713-714 (ND 1981) (a criminal case interpreting NDCC 12.1-02-02(1)(b))(knowingly).
    • State v. Stevens, 238 NW2d 251 (ND 1975)
    • Stewart v. Ryan, 520 NW2d 39, 49 (ND 1994)
  • Notes: Evidence of similar acts with third persons is excluded in a sex offense case. State v. Flath, 237 NW 792 (ND 1931). Evidence of similar acts with third persons is received in embezzlement cases. State v. Stevens, 238 NW2d 251 (ND 1975); State v. Gammons, 256 NW 163 (ND 1934); State v. Heaton, 217 NW 531 (ND 1927).