STATE v. HOWARD

Nos. 48620, 81-735.

324 N.W.2d 216 (1982)

STATE of Minnesota, Respondent, v. Donald Wayne HOWARD, Appellant.

Supreme Court of Minnesota.

Rehearing Denied October 4, 1982.


Attorney(s) appearing for the Case

Douglas W. Thomson and Robert D. Goodell, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., and Gary Hansen, Sp. Asst. Atty. Gen., St. Paul, Julius Gernes, County Atty., Winona, for respondent.

Heard, considered and decided by the court en banc.


SCOTT, Justice.

This is an appeal of the partial denial of post-conviction relief in the case of the conviction of appellant for murder in the first degree. The trial judge denied in part the petition for post-conviction relief. The conspiracy-to-commit-murder conviction was vacated as a lesser-included offense. See Minn. Stat. § 609.04 (1980).

This is the second time we have been asked to review the conviction of a defendant charged in the killing...

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