State v. Barnes

Supreme Court of Minnesota

State v. Barnes

198 N.W.2d 339, 293 Minn. 523, 1972 Minn. LEXIS 1273

Supreme Court of Minnesota·Decided June 16, 1972·No. No. 43314·Published

Opinion

Per Curiam.

Defendant appeals from a conviction for aggravated robbery, Minn. St. 609.245, following a trial by jury, and from the order of the trial court denying his motion for a new trial. The two grounds for appeal are that the evidence does not support the verdict and that, the prosecutor’s closing argument was so improper as to be prejudicial. A review of the testimony shows that ample evidence supported the jury’s verdict.

The closing argument by the prosecutor contains some questionable remarks but was not so prejudicial as to warrant a new trial. Moreover, defendant did not object to the remarks, move for a mistrial, or seek corrective instructions.

The conviction and the order denying a new trial are affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Defendant appeals from a conviction for aggravated robbery, Minn. St. 609.245, following a trial by jury, and from the order of the trial court denying his motion for a new trial. The two grounds for appeal are that the evidence does not support the verdict and that, the prosecutor’s closing argument was so improper as to be prejudicial. A review of the testimony shows that ample evidence supported the jury’s verdict.

The closing argument by the prosecutor contains some questionable remarks but was not so prejudicial as to warrant a new trial. Moreover, defendant did not object to the remarks, move for a mistrial, or seek corrective instructions.

The conviction and the order denying a new trial are affirmed.

State v. Barnes, 198 N.W.2d 339, 293 Minn. 523, 1972 Minn. LEXIS 1273 (Mich. 1972).

Pincite

198 N.W.2d 339 (State v. Barnes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.