- Associated Press - Wednesday, June 3, 2015

BISMARCK, N.D. (AP) - One of two men accused of conspiring to murder a South Dakota man in North Dakota is appealing his conviction to the North Dakota Supreme Court.

Joshua Clark is serving life in prison for his role in the spring 2013 killing of 18-year-old John Swain, who had moved to Bismarck from Sioux Falls, South Dakota, in search of work. Clark’s co-defendant, Theo Crowe, also is serving life behind bars.

Authorities say Clark and Crowe lured Swain into a Bismarck home, hit him with a hammer, cut off his legs and buried the body in Montana.

The Bismarck Tribune reports (http://bit.ly/1KE9ary ) that Clark’s attorney, Charles Stock, told justices Tuesday that there’s no evidence Clark and Crow plotted a murder. Prosecutor Pamela Nesvig disputed that. The Supreme Court will rule later.

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

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