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STATE v. DURFEE

No. 81-1042.

322 N.W.2d 778 (1982)

STATE of Minnesota, Respondent, v. Timothy James DURFEE, Appellant.

Supreme Court of Minnesota.

August 13, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, J. Christopher Cuneo, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Alan Mitchell, County Atty., Peter Banovetz, Asst. County Atty., Duluth, for respondent.

Heard, considered and decided by the court en banc.

KELLEY, Justice.

Appellant was found guilty by a St. Louis County district court jury of first degree assault on Rose Tittman, the 13-month old daughter of his live-in girlfriend, committed on September 10, 1980. Appellant seeks reversal and a new trial on the grounds (1) that one of the state's witnesses was permitted to express his opinion as to whether this was a case of the "battered child syndrome"; (2) that the state erred in introducing evidence about the ...

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