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STATE v. SMITH

No. C9-84-2144.

374 N.W.2d 520 (1985)

STATE of Minnesota, Respondent, v. Gordon Gene SMITH, Appellant.

Court of Appeals of Minnesota.

Review Denied November 26, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Paul R. Jennings, Asst. County Atty., Minneapolis, for respondent.

C. Paul Jones, Public Defender, Brian I. Rademacher, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and SEDGWICK and LANSING, JJ., with oral argument waived.

OPINION

POPOVICH, Chief Judge.

This is an appeal from a jury verdict finding appellant guilty of felony murder in the second degree. Appellant claims (1) the evidence was insufficient to justify conviction because he did not intend to commit felony assault and his actions constituted reasonable self-defense; (2) the trial court erred by incorrectly instructing the jury on felony murder in the second degree...

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