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STATE v. EDGE

No. C6-87-1371.

422 N.W.2d 315 (1988)

STATE of Minnesota, Respondent, v. Robert L. EDGE, Jr., Appellant.

Court of Appeals of Minnesota.

Review Denied June 21, 1988.

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, Michael Richardson, Asst. Co. Atty., David C. Brown, Clifford B. Wardlaw, Minneapolis, for respondent.

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

Considered and decided by WOZNIAK, C.J., and SCHUMACHER and FLEMING, JJ., without oral argument.

OPINION

SCHUMACHER, Judge.

Appellant seeks reversal of his conviction for second degree murder or, in the alternative, a new trial. He contends the evidence of his intent to assault the victim was insufficient as a matter of law to sustain a conviction for second degree murder and that the court committed reversible error by refusing to instruct the jury on the lesser included offense of first-degree manslaughter. We affirm.

FACTS

Appellant...

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