STATE v. DAVIS

No. 44522.

233 N.W.2d 561 (1975)

STATE of Minnesota, Respondent, v. Richard Harry DAVIS, Appellant.

Supreme Court of Minnesota.

August 29, 1975.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, Michael McGlennen and David W. Larson, Asst. County Attys., Minneapolis, for respondent.

Considered and decided by the court without oral argument.


PER CURIAM.

Defendant appeals from a judgment of conviction for unlawful possession of marijuana and for unlawful possession with intent to sell marijuana. Two issues are raised. First, whether it was the duty of the trial court to resolve disputed questions of fact in determining the admissibility of evidence at the Rasmussen hearing. We hold that it was the court's duty. Second, whether the closing argument of the prosecutor constituted misconduct requiring a new...

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