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STATE v. KOLODGE

No. 42530.

196 N.W.2d 920 (1972)

STATE of Minnesota, Respondent, v. Leonard KOLODGE, Appellant.

Supreme Court of Minnesota.

March 31, 1972.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, G. Thomas MacIntosh II, and Edgar H. Rex, Jr., Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., John M. Mason, Sol. Gen., Richard B. Allyn, Asst. Atty. Gen., St. Paul, Donald Diesen, County Atty., Carlton, for respondent.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, and TODD, JJ.

PER CURIAM.

Defendant was convicted of burglary in violation of Minn.St. 609.58, subd. 2(3). By this direct appeal from the judgment, he seeks a dismissal or a new trial on the sole ground that the evidence compelled the trial court to accept his defense of intoxication, § 609.075, or at least does not justify the jury's rejection of his testimony and supporting medical opinion testimony based thereon, and that by reason of alcohol and drug intoxication he was...

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