· 2/18/2022

State v. Samaniego

Citations

  • 970 N.W.2d 222
  • 2022 ND 38

Syllabus

The force required for gross sexual imposition is that which compels the victim to submit. The location of the crime is not a statutory element of a criminal offense. The North Dakota Rules of Criminal Procedure provide for venue in the county where the crime occurred. A defendant's objection on one specified ground did not preserve the appeal for another, unspecified ground. When prosecutorial misconduct is alleged for the first time on appeal, the standard of review is obvious error.

Judges: Jensen, Jon J.

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