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STATE v. BOYCE

No. 41397.

170 N.W.2d 104 (1969)

STATE of Minnesota, Respondent, v. Donald Theodore BOYCE, Appellant.

Supreme Court of Minnesota.

August 1, 1969.

Attorney(s) appearing for the Case

Douglas Hall, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., Richard H. Kyle, Sol. Gen., William B. Randall, County Atty., Warren Peterson, Asst. County Atty., St. Paul, for respondent.

OPINION

SHERAN, Justice.

Appeal from a judgment of conviction of the crime of manslaughter in the first degree and from an order denying a motion for a new trial.

On July 15, 1967, defendant, Donald Boyce, shot and killed Theo E. Merkel. Indicted for murder in the first degree, he waived his right to a jury trial. At the close of the evidence, the trial judge made this statement for the record:

"* * * [T]he state has proved beyond a reasonable...

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