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STATE v. BERRY

No. 49786.

309 N.W.2d 777 (1981)

STATE of Minnesota, Respondent, v. Kling Emmett BERRY, Jr., Appellant.

Supreme Court of Minnesota.

Rehearing Denied October 20, 1981.

Attorney(s) appearing for the Case

Jack Nordby, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen and John H. Daniels, Jr., Sp. Asst. Attys. Gen., St. Paul, Thomas L. Johnson, County Atty., Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.

PETERSON, Justice.

Defendant Kling Emmett Berry, Jr., was convicted of first-degree murder by a district court jury for causing the death of Ellen Hreha "while committing or attempting to commit" upon her "criminal sexual conduct in the first or second degree with force or violence." Minn.Stat. § 609.185(2) (1980). On this appeal from judgment of conviction defendant contends (1) that the trial court erred in concluding a prosecution witness was competent to...

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