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Associated Press, Published October 22 2013

ND Supreme Court overturns conviction in Beulah shooting

BISMARCK — The North Dakota Supreme Court has overturned the conspiracy to commit murder conviction of a second man who stood trial for a fatal Beulah shooting.

The Bismarck Tribune reports (http://bit.ly/1adMOgj ) the state's high court Tuesday reversed the conviction of 31-year-old Richard Whitman.

In August it overturned the guilty verdict against 26-year-old Cody Borner.

A jury in June 2012 found Borner, of Stanton, and Whitman, of Hazen, guilty of two counts each of conspiracy to commit murder in the shooting death of Michael Padilla and the shooting of Timothy Padilla.

In both decisions, justices ruled that the language used in charging documents in the case was improper and that both men can be prosecuted again.

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Information from: Bismarck Tribune, http://www.bismarcktribune.com

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