STATE v. GIBBONS

No. 50722.

305 N.W.2d 331 (1981)

STATE of Minnesota, Respondent, v. Sherman Bothne GIBBONS, Appellant.

Supreme Court of Minnesota.

Rehearing Denied June 16, 1981.


Attorney(s) appearing for the Case

Rapoport, Singer, Wylde & Nordby and Jack Nordby, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., and Richard D. Hodsdon, Sp. Asst. Atty. Gen., St. Paul, Stephen C. Rathke, County Atty., Brainerd, for respondent.

Heard, considered and decided by the court en banc.


YETKA, Justice.

On April 5, 1979, appellant was indicted for second- and third-degree murder in connection with the death of Donald Fleischman three days earlier. On July 10, 1979, the district court issued its omnibus order that permitted the state to introduce evidence of appellant's juvenile conviction and other misconduct. The case was tried to a jury in Duluth on a change of venue from Crow Wing County District Court. The jury returned a verdict of guilty on...

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