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ND man's conviction for killing his brother upheld
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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.