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STATE v. GREEN

No. C1-94-2642.

538 N.W.2d 698 (1995)

STATE of Minnesota, Respondent, v. Marlon Rockshawn GREEN, Appellant.

Court of Appeals of Minnesota.

Review Granted November 15, 1995.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, St. Paul, Michael O. Freeman, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, for Respondent State.

Richard Leroy, William Gatton, Legal Rights Center, Inc., Minneapolis, for Appellant Marlon Rockshawn Green.

Considered and decided by RANDALL, P.J., and NORTON and DAVIES, JJ.

OPINION

RANDALL, Judge.

Marlon Green appeals from his conviction for second degree murder. He argues the trial court's failure specifically to instruct the jury that the state had to prove beyond a reasonable doubt he did not act in the heat of passion violated his constitutional rights, and was in violation of state law. We reverse and remand for a new trial.

FACTS

In February 1993, Marlon Green was at a house party with his mother and...

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