CITY OF ST. PAUL v. WHIDBY

No. 43024.

203 N.W.2d 823 (1972)

CITY OF ST. PAUL, Respondent, v. Forest WHIDBY, Appellant.

Supreme Court of Minnesota.

December 29, 1972.


Attorney(s) appearing for the Case

Paul H. Ray, St. Paul, for appellant.

Daniel A. Klas, City Atty., Pierre N. Regnier, Asst. City Atty., St. Paul, for respondent.

Michael F. Fetsch, Legal Assistance of Ramsey County, Inc., Phyllis Gene Jones, Gen. Counsel, Esther M. Tomljanovich, Legal Consultant, Minnesota Urban County Attorney's Board, St. Paul, C. Paul Jones, Public Defender, R. Michael Wetherbee, Minnesota Civil Liberties Union, Minneapolis, amicus curiae.

Reconsidered on the record en banc.


KELLY, Justice.

Defendant appeals from a conviction for violating St. Paul City Legislative Code, § 469.01, which prohibits the visiting of a disorderly house. He contends that the district court erred in (1) refusing to instruct the jury that defendant is presumed innocent and must be proved guilty beyond a reasonable doubt; (2) in instructing the jury that after 6 hours of deliberation it would be permitted to return a verdict upon an agreement by five-sixths...

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