STATE v. GRILLER

No. C2-96-1665.

583 N.W.2d 736 (1998)

STATE of Minnesota, petitioner, Appellant, v. George Edward GRILLER, petitioner, Respondent.

Supreme Court of Minnesota.

July 30, 1998.


Attorney(s) appearing for the Case

Hubert H. Humphrey III, Attorney General, St. Paul, Michael O. Freeman, Hennepin County Attorney, Donna J. Wolfson, Assistant County Attorney, Minneapolis, for Appellant.

John M. Stuart, State Public Defender, Sharon E. Jacks, Assistant Public Defender, Minneapolis, for Respondent.

Heard, considered, and decided by the court en banc.


OPINION

BLATZ, Chief Justice.

The State of Minnesota appeals from a court of appeals decision reversing the conviction of respondent George Griller for second-degree intentional murder and second-degree felony murder. The court of appeals concluded that the district court did not abuse its discretion in its evidentiary rulings, but held that the district court had given an erroneous instruction on defense-of-dwelling, which entitled him to a new trial. We...

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