STATE v. CRACE

No. 48969.

289 N.W.2d 54 (1979)

STATE of Minnesota, Respondent, v. Bernard Matthew CRACE, Appellant.

Supreme Court of Minnesota.

July 13, 1979.


Attorney(s) appearing for the Case

Burns, Burns, Rawlings & Burns and Michael O. Burns, St. Cloud, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., and Gary Hansen, Sp. Asst. Atty. Gen., St. Paul, James C. Burseth, County Atty., Milaca, for respondent.

Heard before SHERAN, C. J., and SCOTT and WAHL, JJ., and considered and decided by the court en banc.


SCOTT, Justice.

This is an appeal from a judgment of the Mille Lacs County District Court wherein a jury found the defendant, Bernard Crace, guilty of second degree manslaughter. We affirm.

On October 23, 1976, Crace and the decedent, Dennis J. Kowalsky, met to go duck hunting. Later that afternoon, Crace mistook Kowalsky for a bear and fatally shot him. The facts surrounding this tragic shooting are relatively undisputed.

Crace and Kowalsky met early...

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