STATE v. BERNDT

No. C2-84-1661.

392 N.W.2d 876 (1986)

STATE of Minnesota, Respondent, v. Orville BERNDT, Jr., Appellant.

Supreme Court of Minnesota.

August 29, 1986.


Attorney(s) appearing for the Case

William R. Kennedy, Hennepin County Public Defender, David Knutson, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, Beverly J. Wolfe, Asst. Co. Atty., Minneapolis, for respondent.

Heard, considered and decided by the court en banc.


KELLEY, Justice.

Orville Berndt appeals from his convictions on eight counts of first degree murder arising out of the deaths of his wife, her two sons by a previous marriage, and the son of his wife and himself. All four perished in a fire in August 1981 at the family duplex home in Brooklyn Center. On appeal, Berndt claims that the evidence was insufficient to sustain the convictions.1 We agree. Accordingly, we reverse.

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