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STATE v. PHELPS

No. 81-715.

328 N.W.2d 136 (1982)

STATE of Minnesota, Respondent, v. Michael John PHELPS, Appellant.

Supreme Court of Minnesota.

Rehearing Denied January 17, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Division, Thomas A. Weist, Richard Osborne, Asst. County Attys., and Beverly J. Wolfe, Minneapolis, for respondent.

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

PETERSON, Justice.

Defendant was indicted by a grand jury for first-degree murder in the shooting death of his wife, Vicky. A district court jury found him guilty of the lesser included offense of second-degree murder, Minn. Stat. § 609.19 (1980), and the trial court sentenced defendant to a prison term of 1 year and 1 day to 40 years. On his appeal from judgment of conviction, defendant contends that he is entitled to a new trial because the trial court (1)...

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