STATE v. BRANSON

Nos. C6-91-2072, C8-91-2168.

487 N.W.2d 880 (1992)

STATE of Minnesota, Respondent, v. Kevin Richard BRANSON, Appellant.

Supreme Court of Minnesota.

August 7, 1992.


Attorney(s) appearing for the Case

Bruce H. Hanley, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Michael O. Freeman, Hennepin Co. Atty., Gary S. McGlennen, Asst. Co. Atty., Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.


WAHL, Justice.

The question certified in this appeal asks us to determine whether the felony murder statute, Minn.Stat. § 609.19(2) (1990), applies where a bystander is killed during an exchange of gunfire in which the defendant allegedly participated but where the fatal shot was fired by someone other than the defendant or someone associated with the defendant in committing or attempting to commit a felony.

The facts, briefly summarized from the complaint...

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