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STATE v. FOX

No. C6-82-928.

340 N.W.2d 332 (1983)

STATE of Minnesota, Respondent, v. Audie FOX, Appellant.

Supreme Court of Minnesota.

November 23, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, Minnesota State Public Defender, Mark F. Anderson, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Norman B. Coleman, Jr., Marvin J. Green, Sp. Asst. Attys. Gen., St. Paul, John Dimich, Itasca County Atty., Grand Rapids, for respondent.

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

PETERSON, Justice.

Defendant, Audie Lynn Fox, was found guilty by a district court jury of the first-degree murder of Deputy Sheriff Robert R. Lawson in violation of Minn.Stat. § 609.185(4) (1982) (intentional killing of a peace officer engaged in the performance of official duties), and was sentenced to life imprisonment. On this appeal from the judgment of conviction, defendant contends that the trial court erred in not instructing the jury that under the peace...

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