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Published July 17, 2010, 01:22 PM

New trial ordered for ND man accused in assault

BISMARCK, N.D. (AP) — A new trial has been ordered for a New Town man charged with assaulting his wife.

BISMARCK, N.D. (AP) — A new trial has been ordered for a New Town man charged with assaulting his wife.

Charles Jardee was convicted in March after a one-day bench trial. Jardee was sentenced to time served on a misdemeanor charge of assault by striking, beating or wounding.

Jardee appealed the conviction, claiming a magistrate judge mistakenly allowed hearsay evidence after Jardee's wife, Kristine, failed to testify. Prosecutors say Kristine Jardee was pressured by her husband not to take the stand.

U.S. District Judge Daniel Hovland agreed with Charles Jardee and threw out the conviction. A new trial date has not been set.

Authorities say Kristine Jardee suffered a swollen eye and numerous bruises from the December 2009 assault.

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