Kisi v. State

Citations

• 998 N.W.2d 797
• 2023 ND 226

Syllabus

To be convicted of accomplice to attempted murder, the accused must have intended to aid in killing. Accomplice to attempted \knowing\ murder under N.D.C.C. §§ 12.1-03-01 and 12.1-16-01(1)(a) is a non-cognizable offense. The error was harmless if we are convinced the error did not contribute to the verdict. Our determination of whether an error was harmless looks at the effect of the error on this jury, rather than speculating whether a hypothetical jury would convict the defendant absent the error. When no rational jury could find that the defendant committed the relevant criminal act but did not intend to cause injury and the erroneous instruction was not argued to the jury, the error was harmless to that particular jury.