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STATE v. EDWARDS

No. C4-82-1110.

343 N.W.2d 269 (1984)

STATE of Minnesota, Respondent, v. Robert W. EDWARDS, Appellant.

Supreme Court of Minnesota.

January 13, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender by Kathy King, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, Richard Osborne, J. Michael Richardson, Asst. Co. Attys., Beverly J. Wolfe, Staff Atty., Minneapolis, for respondent.

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

OPINION

TODD, Justice.

Defendant was charged by indictment with first-degree premeditated murder, Minn.Stat. § 609.185(1) (1982), in the shooting death of his brother-in-law, Gerald Howard, in the entryway to a south Minneapolis bar early on November 28, 1981. The trial court also submitted second-degree intentional murder, section 609.19(1), and first-degree death-in-the-course-of-a-misdemeanor manslaughter, section 609.20(2), but refused to submit...

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