STATE v. STILLDAY

No. C0-87-734.

417 N.W.2d 728 (1988)

STATE of Minnesota, Respondent, v. Reggie Lee STILLDAY, Appellant.

Court of Appeals of Minnesota.

Review Denied March 18, 1988.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., Saint Paul, Thomas Keyes, Beltrami Co. Atty., Bemidji, for respondent.

C. Paul Jones, State Public Defender, Cathryn Y. Middlebrook, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by FORSBERG, P.J., and CRIPPEN and KALITOWSKI, JJ., with oral argument waived.


OPINION

FORSBERG, Judge.

The trial court granted a mistrial based on improper comments and allowed appellant Reggie Lee Stillday to be tried again. On retrial, the court refused to instruct on lesser offenses and approved a guilty verdict. We affirm.

FACTS

The events leading to Stillday's conviction occurred on August 1, 1986, at the Beltrami County Fair. Stillday, Darrell Pierre, Alan Jones, and Randy Jones met at the fairgrounds and walked...

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