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WOLFE v. STATE

No. 50311.

293 N.W.2d 41 (1980)

Daniel E. WOLFE, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

May 16, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Michael F. Cromett, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Alan L. Mitchell, County Atty., and Kevin O'Connell, Asst. County Atty., Duluth, for respondent.

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

OTIS, Justice.

Petitioner, who was found guilty by a district court jury of second-degree murder, Minn.Stat. § 609.19 (1978), and sentenced by the trial court to a prison term of 1 year and 1 day to 40 years, contends on this appeal from the order denying his petition for postconviction relief that the evidence was legally insufficient to establish intent to kill and that the trial court prejudicially erred in refusing to submit second-degree manslaughter, Minn...

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