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STATE v. TURNER

No. 43113.

203 N.W.2d 539 (1973)

STATE of Minnesota, Respondent, v. Eugene TURNER, Appellant.

Supreme Court of Minnesota.

January 12, 1973.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, James A. Dueholm, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, George M. Scott, County Atty., Henry W. McCarr, Jr., and David G. Roston, Asst. County Attys., Minneapolis, for respondent.

Heard before KNUTSON, C. J., and OTIS, MURPHY, and SCHULTZ, JJ.

PER CURIAM.

Defendant contends on this direct appeal from judgment of conviction for second-degree murder, Minn.St. 609.19, that there was insufficient evidence to support the jury's verdict and that, if anything, he was guilty only of "heat of passion" first-degree manslaughter, Minn.St. 609.20(1).

Defendant and two friends amused themselves one summer evening by driving up and down Lake Street in Minneapolis squirting other motorists with a water pistol...

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