STATE v. HOPFE

No. 36,907.

249 Minn. 464 (1957)

82 N.W. (2d) 681

STATE v. W.E. HOPFE.

Supreme Court of Minnesota.

May 3, 1957.


Attorney(s) appearing for the Case

Bang, Nierengarten & Hoversten, for appellant.

Miles Lord, Attorney General, Charles E. Houston, Solicitor General, John R. Murphy, Assistant Attorney General, and Wallace C. Sieh, County Attorney, for respondent.


THOMAS GALLAGHER, JUSTICE.

Defendant appeals from a judgment entered January 23, 1956, convicting him of the crime of sodomy. The offense for which he was convicted was committed with one Robert on April 15, 1955. Robert was then of the age of 15 years.

On appeal it is defendant's contention that the trial court erred (1) in refusing to instruct the jury that as a matter of law one Terrence, age 14 years, and a witness for the state, was an accomplice in the...

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