STATE v. WENDLER

No. 45689.

252 N.W.2d 266 (1977)

STATE of Minnesota, Respondent, v. Mark WENDLER, Appellant.

Supreme Court of Minnesota.

March 25, 1977.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Roger H. Hippert, Asst. Public Defender, New Ulm, and Mollie Raskind, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Richard G. Mark, Asst. Sol. Gen., Richard B. Allyn, Asst. Atty. Gen., Gary Hansen, Spec. Asst. Atty. Gen., St. Paul and Robert J. Berens, County Atty., New Ulm, for respondent.

Heard before ROGOSHESKE, KELLY and SCOTT, JJ., and considered and decided by the court en banc.


SCOTT, Justice.

This is an appeal by Mark Wendler from a judgment of conviction of murder in the second degree. We affirm.

At the time of the incident involved, defendant was 19 years old, living in Mankato and, because of a disability in his hip caused by a motor vehicle accident, being assisted by the Mankato Rehabilitation Center, which placed him with a Mankato nursing home as an orderly. On May 3, 1974, defendant left Mankato to spend the weekend with...

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