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STATE v. LORY

No. CX-96-67.

559 N.W.2d 425 (1997)

STATE of Minnesota, Respondent, v. Richard Allen LORY, Appellant.

Court of Appeals of Minnesota.

Review Denied April 15, 1997.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, and Thomas Erik Bailey, Assistant Attorney General, St. Paul, and Timothy R. Faver, Beltrami County Attorney's Office, Bemidji, for Respondent.

John G. Westrick, Marcia McDowall-Nix, and Kari L. Clark, Westrick & McDowall-Nix, P.L.L.P., St. Paul, and Robert D. Miller, Robert D. Miller & Associates, Minneapolis, for Appellant.

Richard Allen Lory pro se.

Considered and decided by KALITOWSKI, P.J., and CRIPPEN and HARTEN, JJ.

OPINION

CRIPPEN, Judge.

Richard Allen Lory appeals his judgment of conviction for second-degree felony murder, arguing that the trial court erred by instructing the jury on felony murder because felony murder is not an "included offense" of second-degree intentional murder, the charge stated in the indictment of appellant. In addition, appellant claims that (1) his conviction violates the double jeopardy provisions of the United States and Minnesota constitutions...

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