STATE v. MYERS

No. 48196.

276 N.W.2d 36 (1979)

STATE of Minnesota, Respondent, v. Leon Dennis MYERS, Appellant.

Supreme Court of Minnesota.

January 26, 1979.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Phebe Haugen, Spec. Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Craig H. Forsman, Spec. Asst. Atty. Gen., St. Paul, Stanley Olson, County Atty., Ada, for respondent.

Considered and decided by the court without oral argument.


PER CURIAM.

Defendant, indicted for first-degree premeditated murder, was found guilty by a district court jury of the lesser-included offense of third-degree felony murder, Minn.St. 609.195, the jury determining that the killing occurred in the course of an aggravated assault by defendant upon the victim. Defendant, who is now serving a 3-to 15-year term in prison, appeals from judgment of conviction. He contends first that his conviction should be reversed outright...

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