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STATE v. CAROTHERS

No. C8-98-86.

585 N.W.2d 64 (1998)

STATE of Minnesota, Respondent, v. Tony Lamar CAROTHERS, Appellant.

Court of Appeals of Minnesota.

Review Granted October 29, 1998.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Attorney General, St. Paul; and James Backstrom, Dakota County Attorney, Debra E. Schmidt, Assistant County Attorney, Hastings, for respondent.

John M. Stuart, State Public Defender, Mark F. Anderson, Assistant Public Defender, Minneapolis, for appellant.

Considered and decided by SHORT, P.J., and SCHUMACHER and DAVIES, JJ.

OPINION

SCHUMACHER, Judge.

Appellant Tony Lamar Carothers was convicted of second-degree felony murder in violation of Minn.Stat. § 609.19, subd. 2(2) (1996). Carothers challenges the trial court's exclusion of defense evidence and its response to a question from the jury concerning the duty to retreat. We affirm.

FACTS

The indictment charged Carothers with first-degree premeditated murder, second-degree intentional murder, second...

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