¶1concurring specially.
¶2[¶ 26] Although I agree with much of the majority opinion, I do not agree that “identity” under N.D.C.C. § 29-32.1-15(2) was an issue that went to the jury at trial. Burke himself had testified at trial that the blood on his jeans was that of the deceased Huotari.
¶3[¶ 27] I agree that the action of the district court should be affirmed.
¶4[¶ 28] Dale V. Sandstrom