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STATE v. AUSTIN

No. CO-82-21.

332 N.W.2d 21 (1983)

STATE of Minnesota, Respondent, v. Lonnie AUSTIN, Appellant.

Supreme Court of Minnesota.

April 8, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Minneapolis, Hansen, Dordell, Bradt, Odlaug & Bradt, Wayne P. Dordell, John H. Guthmann, St. Paul, for appellant.

Hubert H. Humphrey III, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Rick Osborne, Michael Richardson, Asst. County Attys., and Beverly J. Wolfe, Law Clerk, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

PETERSON, Justice.

A district court jury returned a verdict finding defendant Lonnie Austin guilty of murder in the first degree, a violation of Minn.Stat. § 609.185(1) (1982). He was convicted for the shooting death of Kevin Johnson which occurred March 9, 1981. The trial court sentenced defendant to mandatory life imprisonment.

Three issues are raised on appeal: (1) was defendant's use of force justified; (2) was the trial court's jury instruction on...

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