STATE v. VanWERT

No. C3-88-883.

438 N.W.2d 416 (1989)

STATE of Minnesota, Respondent, v. Richard James VanWERT, Appellant.

Court of Appeals of Minnesota.

Review Granted June 9, 1989.


Attorney(s) appearing for the Case

Benjamin F. Gallagher, St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, Ramsey County Atty., and Darrell C. Hill, Asst. County Atty., St. Paul, for respondent.

Heard, considered and decided by WOZNIAK, C.J., and LANSING and IRVINE, JJ.


OPINION

L.J. IRVINE, Judge*.

Richard James VanWert was convicted by a jury of two counts of criminal vehicular operation resulting in injury. On appeal from the judgment of conviction and denial of his motion for acquittal or a new trial, VanWert argues that the trial court erred in its additional instruction to the jury on the issue of whether the state was required to prove negligence separate from driving while under the influence...

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