STATE v. LARSEN

No. C7-87-214.

413 N.W.2d 584 (1987)

STATE of Minnesota, Respondent, v. Alvin Foster LARSEN, Appellant.

Court of Appeals of Minnesota.

Review Denied December 2, 1987.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Robert A. Stanich, Spec. Asst. Atty. Gen., St. Paul, Paul G. Morreim, Freeborn Co. Atty., Albert Lea, for respondent.

Samuel A. McCloud, Dean S. Grau, Minneapolis, for appellant.

Heard, considered and decided by POPOVICH, C.J., and LESLIE and RANDALL, JJ.


OPINION

RANDALL, Judge.

Appellant Alvin Foster Larsen was convicted of second degree felony murder. On appeal, Larsen argues that the trial court erred in refusing to instruct the jury on misdemeanor manslaughter in the first degree. We affirm.

FACTS

On October 26, 1985, after an afternoon and evening of drinking, appellant attended a dance at the Albert Lea VFW with his former wife, Bonnie Larsen. Appellant became too drunk to drive, and...

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