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STATE v. MALASKI

No. C1-82-240.

330 N.W.2d 447 (1983)

STATE of Minnesota, Respondent, v. Daniel J. MALASKI, Appellant.

Supreme Court of Minnesota.

February 25, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Sally A. Scoggin, Sp. Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey III, Atty. Gen., Norman B. Coleman, Jr., and Richard D. Hodsdon, Sp. Asst. Attys. Gen., St. Paul, Larry Mickelberg, County Atty., Moorhead, for respondent.

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

KELLEY, Justice.

Early on April 29, 1981, defendant killed his friend, 28-year-old Elmer Egerdahl, with one shot from a military rifle at their house in Dilworth, which is in Clay County. Defendant was subsequently charged with second-degree (intentional) murder. At his trial in November of 1981, defendant claimed that he did not intend to kill Egerdahl and that the shooting was justifiable. The trial court submitted second-degree murder, first-degree (intentional...

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