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STATE v. HARE

No. CX-96-1672.

575 N.W.2d 828 (1998)

STATE of Minnesota, Respondent, v. Eli (NMN) HARE, Jr., petitioner, Appellant.

Supreme Court of Minnesota.

March 5, 1998.

Attorney(s) appearing for the Case

John M. Stuart, Minnesota State Public Defender by Ann McCaughan, Assistant State Public Defender, Minneapolis, for Appellant.

Hubert H. Humphrey, III, Minnesota Attorney General, Michael O. Freeman, Hennepin County Attorney by Donna J. Wolfson, Assistant County Attorney, Minneapolis, for Respondent.

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

OPINION

PAGE, Justice.

The defendant, Eli Hare, Jr., was charged with one count of intentional murder in the second degree in violation of Minn.Stat. § 609.19(1) (1996) and one count of felony murder in the second degree in violation of Minn.Stat. § 609.19(2) (1996) for the stabbing death of Roosevelt Cooper on December 22, 1995. At trial, Hare claimed that he did not intend to kill Cooper when he stabbed him and that his actions were taken in...

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