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STATE v. FONTANA

No. 39919.

152 N.W.2d 503 (1967)

STATE of Minnesota, Respondent, v. Albert Alfred FONTANA, Appellant.

Supreme Court of Minnesota.

July 28, 1967.

Attorney(s) appearing for the Case

Stewart R. Perry, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., St. Paul, George M. Scott, County Atty., Harlan Goulett, Asst. County Atty., Minneapolis, for respondent.

OPINION

MURPHY, Justice.

Defendant was convicted of murder in the second degree, Minn.St. 609.19, following a prosecution for murder in the first degree, § 609.185(1). Insanity was the defense. This appeal seeks reversal and remand for a new trial. It is alleged that the trial court erred in permitting the state to introduce testimony of a state-employed physician as to the mental capacity of defendant. The question presented for review is whether the...

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