BOITNOTT v. STATE

No. C1-97-1831.

582 N.W.2d 243 (1998)

Jerald Wynn BOITNOTT, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

July 30, 1998.


Attorney(s) appearing for the Case

Teresa R. White, Minneapolis, for appellant.

Hubert H. Humphrey III, Atty. Gen., Hilary Lindell Caligiuri, Asst. Atty. Gen., Michael Jesse, Benton County Attorney, for respondent.

Considered and decided by the court en banc without oral argument.


OPINION

GARDEBRING, Justice.

In 1988, Jerald W. Boitnott was convicted of first-degree felony murder and second-degree assault. He was sentenced to life in prison for the first-degree felony murder and to a concurrent term of 36 months for the second-degree assault. On direct appeal to this court, Boitnott raised four issues: (1) insufficient evidence of intent; (2) erroneous jury instructions; (3) erroneous admission of a telephone conversation; and (4...

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