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STATE v. SHANNON

No. C5-93-1029.

514 N.W.2d 790 (1994)

STATE of Minnesota, Respondent, v. Verdell SHANNON, Appellant.

Supreme Court of Minnesota.

April 8, 1994.

Attorney(s) appearing for the Case

John Stuart, State Public Defender, Steven P. Russett, Asst. State Public Defender, St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Michael O. Freeman, Hennepin County Atty., Linda M. Freyer, Asst. Hennepin County Atty., Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

COYNE, Justice.

Defendant, Verdell Shannon, was tried on a charge of intentional second-degree murder. The trial court agreed to submit second-degree felony murder and first-degree heat-of-passion manslaughter. In his closing statement the prosecutor made a misleading argument on heat-of-passion manslaughter — which he called "heat of passion murder" — that confused the jury. When the jury, during its deliberations, asked a question...

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