STATE v. WAHLBERG

No. 48104.

296 N.W.2d 408 (1980)

STATE of Minnesota, Respondent, v. Roy Eric WAHLBERG, Appellant.

Supreme Court of Minnesota.

August 8, 1980.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Robert E. Oliphant and Allen Christy, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Alan L. Mitchell, County Atty., and John E. DeSanto, Asst. County Atty., Duluth, Mark S. Rubin, Asst. County Atty., Virginia, for respondent.

Heard before OTIS, ROGOSHESKE and WAHL, JJ., and considered and decided by the court en banc.


WAHL, Justice.

Defendant was convicted, after a jury trial, in St. Louis County District Court of the first-degree murder of Jeffrey Goedderz and was sentenced to life imprisonment. On appeal he challenges the sufficiency of the evidence, the refusal of the trial court to submit the lesser included offense of murder in the third degree, the trial court's instruction on voluntary intoxication, the requirement that he present evidence of voluntary intoxication that...

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