STATE v. BRODIE

No. C3-94-1167.

529 N.W.2d 395 (1995)

STATE of Minnesota, Respondent, v. Michael Wayne BRODIE, Appellant.

Court of Appeals of Minnesota.

March 21, 1995.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan L. Mitchell, St. Louis County Atty., Duluth, Paul R. Kempainen, Asst. Atty. Gen., St. Paul, for respondent, State of Minn.

Lawrence W. Pry, Asst. State Public Defender, St. Paul, for appellant Michael Wayne Brodie.

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


OPINION

RANDALL, Judge.

Appellant Michael Wayne Brodie appeals from a jury conviction of aggravated driving while under the influence, Minn.Stat. § 169.129 (1992), and three lesser included offenses. Brodie contends that the trial court erred in refusing to instruct the jury that the prosecution had the burden of proof beyond a reasonable doubt regarding the defense of necessity. He further argues that he did not knowingly and intelligently waive his...

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