BISMARCK, N.D. (AP) — The North Dakota Supreme Court says a Fargo surgeon who was acquitted of drugging and raping his wife should maintain custody of the couple's three children.

A jury in November 2012 found Jon Norberg not guilty of gross sexual imposition and reckless endangerment. Alonna Norberg accused him of giving her a powerful anesthetic without her consent. Jon Norberg said she made up the allegations to help in the divorce and child custody case.

Alonna Norberg appealed the child custody ruling and said the lower court equated Jon Norberg's criminal acquittal with a finding of innocence.

Justices rejected her arguments on custody, but added that mistakes were made on the distribution of assets and calculation of child support. That portion of the case was sent back to district court.

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