STATE v. HARVEY

No. 48773.

277 N.W.2d 344 (1979)

STATE of Minnesota, Respondent, v. Michael Douglas HARVEY, Appellant.

Supreme Court of Minnesota.

January 26, 1979.


Attorney(s) appearing for the Case

Phillip S. Resnick, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, Lee W. Barry and David W. Larson, Asst. County Attys., Minneapolis, for respondent.

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


KELLY, Justice.

Appellant was charged with murder in the second degree. At trial his sole defense was that the homicide was justified. He was convicted and sentenced to an indeterminate period of one year and one day to 20 years. At the close of the trial, appellant moved for judgment of acquittal, or in the alternative, for a new trial on the grounds that the verdict was not supported by the evidence. Appellant claimed further that the introduction of the autopsy...

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