STATE v. HEMBD

No. 44638.

232 N.W.2d 872 (1975)

STATE of Minnesota, Respondent, v. Harley Dalane HEMBD, Appellant.

Supreme Court of Minnesota.

August 15, 1975.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender and Robert Christensen, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Michael McGlennen and Vernon E. Bergstrom, Asst. County Attys., Minneapolis, for respondent.

Heard before SHERAN, C. J., and TODD and KNUTSON, JJ., and considered and decided by the court en banc.


OTIS, Justice.

This is an appeal from a judgment of conviction for the crime of false imprisonment. Defendant assigns as error the trial court's refusal to receive in evidence complainant's hospital records, and its failure to instruct the jury with regard to the defense of good motive. We reverse.

Complainant, a 22-year-old woman, spent the evening of February 28, 1973, at the C C Tap in south Minneapolis. She was unable to disclose the amount of beer she...

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