STATE v. BURG

No. C6-00-1822.

633 N.W.2d 94 (2001)

STATE of Minnesota, Respondent, v. Douglas Gerard BURG, Appellant.

Court of Appeals of Minnesota.

September 18, 2001.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Michael K. Riley, Sr., Nicollet County Attorney, Todd W. Westphal, Assistant County Attorney, St. Peter, MN, for respondent.

John M. Stuart, State Public Defender, Jodie L. Carlson, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by HARTEN, Presiding Judge, WILLIS, and PARKER, Judges.


OPINION

WILLIS, Judge

Appellant challenges his conviction of non-support of a child, arguing that the district court erred by instructing the jury that he had the burden of proving a lawful excuse for the non-support of a child "by the greater weight of the evidence." Appellant also argues the court abused its discretion by excluding two psychologists' testimony regarding his mental capacity. Because the district court's jury instruction, although erroneous...

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