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STATE v. BLACKBULL

No. C6-85-703.

375 N.W.2d 71 (1985)

STATE of Minnesota, Respondent, v. Solomon Melvin BLACKBULL, Jr., Appellant.

Court of Appeals of Minnesota.

Review Denied December 19, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Winston Ehlmann, Asst. Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., Thomas G. McCarthy, Sibley Co. Atty., Gaylord, for respondent.

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

Considered and decided by POPOVICH, C.J., and WOZNIAK and HUSPENI, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

Appellant Solomon Blackbull, Jr. was convicted of criminal sexual conduct in the first and second degrees, Minn.Stat. §§ 609.342(a) and 609.343(a) (1984). On appeal, he claims the trial court erred in excluding relevant evidence and instructing the jury that counsel's duty is to present evidence on behalf of his client, and that the jury is to determine the question of guilt or innocence of the defendant. We affirm.

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