STATE v. ROPER

No. 42099.

187 N.W.2d 674 (1971)

STATE of Minnesota, Respondent, v. Lance ROPER, Appellant.

Supreme Court of Minnesota.

May 28, 1971.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Roberta K. Levy, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., James M. Kelley, Asst. Atty. Gen., Robert Carolan, Sp. Asst. Atty. Gen., St. Paul, Carl E. Erickson, County Atty., Brainerd, for respondent.

Heard before KNUTSON, C. J., and MURPHY, OTIS, ROGOSHESKE, and ROLLOFF, JJ.


OPINION

PER CURIAM.

Appeal from judgment of conviction of burglary, Minn.St.1967, § 609.58, subds. 1 and 2(3). Defendant waived jury trial and, at the close of the evidence, the trial court found him guilty. It is contended that because of intoxication and the effect of drugs he had consumed he was incapable of forming the intent to commit the offense with which he was charged.

There is no dispute that defendant broke into the premises of an...

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