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Published July 13, 2012, 04:09 PM

Chisholm's Conviction for Killing His Brother Upheld

BISMARCK, N.D. (AP) — A northeastern North Dakota man has lost an appeal of his murder conviction for beating his brother to death two years ago.

By: Associated Press,

BISMARCK, N.D. (AP) — A northeastern North Dakota man has lost an appeal of his murder conviction for beating his brother to death two years ago.

Rodney Chisholm of Manvel claimed he was defending himself when he hit his brother, Donald Chisholm, with an iron pipe and put a hose clamp around his neck.

At his trial, Rodney Chisholm said his brother had been threatening to shoot him over a property dispute.

Rodney Chisholm's lawyer says the trial judge should have allowed testimony about an incident where Donald Chisholm allegedly threatened Rodney Chisholm with a pistol and shotgun.

The judge wouldn't allow testimony about the incident because it happened at least 10 years before Donald Chisholm was killed.

The Supreme Court on Thursday unanimously upheld the judge's decision and the jury's murder verdict.


Copyright 2012 The Associated Press.

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