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STATE v. JOHNSON

No. 45955.

256 N.W.2d 280 (1977)

STATE of Minnesota, Respondent, v. Andrew JOHNSON, a.k.a. Andre Brown, Appellant.

Supreme Court of Minnesota.

July 1, 1977.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Roger H. Hippert, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, Chief, Appellate Division, and David W. Larson and Phebe S. Haugen, Asst. County Attys., Minneapolis, for respondent.

Heard before SHERAN, C. J., and OTIS, ROGOSHESKE, PETERSON, KELLY, SCOTT and STAHLER, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

Defendant, Andrew Johnson, was found guilty by a Hennepin County jury of murder in the first degree upon an indictment charging him with the premeditated killing of Yvonne (Bonnie) Bye. Minn.St. 609.185.1 On this appeal, defendant, arguing that at most a conviction of a lesser degree of homicide was warranted, raises three principal claims of error: (1) The admission into...

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