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STATE v. SHOOP

No. C2-87-2209.

429 N.W.2d 259 (1988)

STATE of Minnesota, Respondent, v. David Paul SHOOP, Appellant.

Court of Appeals of Minnesota.

Review Granted November 23, 1988.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, Nancy A. Evans, Mower Co. Atty., Austin, for respondent.

C. Paul Jones, State Public Defender, Marie L. Wolf, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by FOLEY, P.J., and LANSING and SCHUMACHER, JJ., without oral argument.

OPINION

FOLEY, Judge.

Appellant David Paul Shoop was convicted of second degree murder under Minn. Stat. §§ 609.19(1) and 609.05 (1986). At trial, appellant's counsel requested a jury instruction on corroboration of accomplice testimony. The trial court refused the proposed instruction without stating reasons. We remand for a new trial.

FACTS

On the night of October 22-23, 1986, 24-year-old Timothy Hummel was murdered in a field...

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