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STATE v. GOBLIRSCH

No. 45964.

246 N.W.2d 12 (1976)

STATE of Minnesota, Respondent, v. Michael GOBLIRSCH, Appellant.

Supreme Court of Minnesota.

July 23, 1976.

Attorney(s) appearing for the Case

Blethen, Ogle, Gage & Krause, and Bailey W. Blethen, Mankato, for appellant.

Warren Spannaus, Atty. Gen., Richard G. Mark, Asst. Sol. Gen., Thomas J. Foley and Edward M. Laine, Spec. Asst. Attys. Gen., St. Paul, John F. Corbey, County Atty., Mankato, for respondent.

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

ROGOSHESKE, Justice.

Defendant appeals from the judgment entered pursuant to a jury verdict finding him guilty of manslaughter in the first degree, Minn.St. 609.20(2), in the death of his 2-month-old daughter and from the denial of his post-trial motions. He principally asserts that (1) there was insufficient evidence to support the jury's implicit finding that he intentionally assaulted this infant and caused her death; (2) the permitted use of the phrase "battered...

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