STATE v. SCHEERLE

No. 48515.

285 N.W.2d 686 (1979)

STATE of Minnesota, Respondent, v. Robert A. SCHEERLE, Appellant.

Supreme Court of Minnesota.

November 16, 1979.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Phebe S. Haugen, Sp. Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Jane Prohaska, Sp. Asst. Atty. Gen., St. Paul, Gaylord A. Saetre, County Atty., Long Prairie, for respondent.

Considered and decided by the court en banc without oral argument.


TODD, Justice.

Defendant was found guilty by a district court jury of a charge of first-degree manslaughter, Minn.St. 609.20, a lesser-included offense of the charge of third-degree murder, Minn.St. 609.195(2), on which he was tried. On this appeal from judgment of conviction, defendant, who is confined to prison pursuant to a 15-year term, contends (1) that the trial court erred in failing to sua sponte instruct the jury on the lesser offense of second-degree manslaughter...

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