STATE v. BIRON

No. 38,808.

266 Minn. 272 (1963)

123 N.W. (2d) 392

STATE v. JOHN FRANCIS BIRON.

Supreme Court of Minnesota.

August 16, 1963.


Attorney(s) appearing for the Case

Lewis E. Lohmann and Gerald M. Singer, for appellant.

Walter F. Mondale, Attorney General, George M. Scott, County Attorney, and Gerard W. Snell, Assistant County Attorney, for respondent.

Robert G. Share and Henry W. Pickett, Jr., for Minnesota Branch, American Civil Liberties Union, amicus curiae.


MURPHY, JUSTICE.

This is an appeal from a judgment of conviction of murder in the third degree. Defendant asks that the judgment be set aside asserting as error the introduction in evidence of a written confession which he alleges was obtained in violation of his constitutional rights as guaranteed by the Fourteenth Amendment.

From the record it appears that in the early morning hours of March 10, 1962, one Mrs. Anne Danielski, an elderly woman, was attacked...

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