STATE v. GRUBER

No. 46679.

264 N.W.2d 812 (1978)

STATE of Minnesota, Respondent, v. George Fred GRUBER, Appellant.

Supreme Court of Minnesota.

March 31, 1978.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Rosalie E. Wahl, Spec. Asst. Public Defender, Phebe S. Haugen, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Keith M. Brownell, County Atty., Peter M. Banovetz, Asst. County Atty., Richard C. Hansen, Reg. Pros., Duluth, for respondent.

Heard before KELLY, TODD, and IRVINE, JJ., and considered and decided by the court en banc.


TODD, Justice.

George Gruber spent August 18, 1975, in the company of Ken and Phil Aubol. They drank most of the day. That evening, while all three were obtaining gasoline at a Duluth service station, Ken Aubol engaged in an argument with the owner, Michael Rocheleau, whom he shot and killed. Gruber was indicted for aiding in the commission of the crime of murder in the first degree. Over objections of defense counsel, the trial court submitted to the jury the lesser...

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