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STATE v. PENDLETON

No. C6-95-2162.

567 N.W.2d 265 (1997)

STATE of Minnesota, Respondent, v. Akeem PENDLETON, petitioner, Appellant.

Supreme Court of Minnesota.

August 7, 1997.

Attorney(s) appearing for the Case

Lawrence Pry, Assistant Public Defender, St. Paul, for Appellant.

Michael Richardson, Assistant Hennepin County Attorney, Minneapolis, for Respondent.

Heard, considered and decided by the court en banc.

OPINION

GARDEBRING, Justice.

This case presents the issue of whether the standard jury instructions for "defense of dwelling," given in this case, improperly require that the defendant must have feared great bodily harm or death to justify his use of deadly force in defending his home.

Akeem Pendleton was charged with attempted second-degree murder, Minn.Stat. § 609.17 (1996), Minn.Stat. § 609.19(1) (1992) and first- and second-degree assault...

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