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STATE v. ROBERTS

No. 40851.

156 N.W.2d 760 (1968)

STATE of Minnesota, Respondent, v. Charles ROBERTS, Appellant.

Supreme Court of Minnesota.

February 23, 1968.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Roberta K. Levy, Robert E. Oliphant, Asst. Public Defenders, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., Gerard W. Snell, Acting Sol. Gen., William B. Randall, County Atty., Thomas Quayle, Asst. County Atty., St. Paul, for respondent.

Heard before KNUTSON, C.J., and NELSON, MURPHY, ROGOSHESKE and PETERSON, JJ.

OPINION

NELSON, Justice.

Appeal from a judgment of conviction of third-degree murder.

It appears that on June 22, 1966, defendant, Charles Roberts, also known as Butch Fontaine, then 19 years of age, shot and killed one Roger Milan with a .22 caliber derringer pistol in the vicinity of Marshall Avenue and Mackubin Street in St. Paul. Defendant was born in Lansing, Michigan, and after coming to St. Paul in 1960 completed the tenth grade at Central...

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