STATE v. SWYNINGAN

No. 45010.

229 N.W.2d 29 (1975)

STATE of Minnesota, Respondent, v. Landon Brant SWYNINGAN, Appellant.

Supreme Court of Minnesota.

May 2, 1975.


Attorney(s) appearing for the Case

Jerod H. Peterson, Legal Rights Center, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, William B. Randall, County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

Heard before ROGOSHESKE, TODD and MacLAUGHLIN, JJ., and considered and decided by the court en banc.


PER CURIAM.

Defendant was convicted of unlawful distribution of heroin after a trial before the district court sitting without a jury. Minn.St. 152.09, subd. 1; § 152.02, subd. 2(2). Defendant appeals from the judgment of conviction, and we affirm.

Two issues are presented on this appeal. Was defendant's conviction based on the uncorroborated testimony of an accomplice and thus unlawful under § 634.04? Did a comment made by the prosecutor prevent...

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