State v. Carson

Supreme Court of Minnesota

State v. Carson

219 N.W.2d 88, 300 Minn. 527, 1974 Minn. LEXIS 1386

CourtSupreme Court of Minnesota

DecidedJune 7, 1974

Docket44070

StatusPublished

Cited by2 cases

This text of 219 N.W.2d 88 (State v. Carson) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Carson, 219 N.W.2d 88, 300 Minn. 527, 1974 Minn. LEXIS 1386 (Mich. 1974).

Pincite

Opinion

Per Curiam.

Defendant, found guilty by a district court jury of third-degree murder, Minn. St. 609.195(2), and sentenced by the presiding judge to the custody of the Youth Conservation Commission for a term not to exceed 25 years, appeals from judgment of conviction. We affirm.

Defendant’s contention that the evidence was insufficient to support the verdict is without merit. Defendant was first involved in a fight with the victim late on the evening of January 22, 1972, at a Minneapolis bar. After leaving the hospital to which police had taken him for treatment of facial injuries sustained in this fight, defendant secured a steak knife and returned to the bar shortly after midnight and attacked the victim with the knife, inflicting three wounds, two superficial, one fatal. On these facts, the jury could properly conclude that defendant wilfully and knowingly, without intent to kill, killed the victim while committing the felony of aggravated assault upon him. See, State v. Smith, 295 Minn. 65, 203 N. W. 2d 348 (1972); State v. Morris, 290 Minn. 523, 187 N. W. 2d 276 (1971); State v. Kopetka, 265 Minn. 371, 121 N. W. 2d 783 (1963); State v. Nelson, 148 Minn. 285, 181 N. W. 850 (1921).

We do not consider defendant’s other contentions relating to the trial court’s failure to give certain instructions because defendant did not request these instructions and, therefore, waived the right to raise *528 those issues on appeal. State v. Tellock, 273 Minn. 512, 142 N. W. 2d 64 (1969).

Affirmed.

Mr. Justice Scott took no part in the consideration or decision of this case.

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Per Curiam.

Defendant, found guilty by a district court jury of third-degree murder, Minn. St. 609.195(2), and sentenced by the presiding judge to the custody of the Youth Conservation Commission for a term not to exceed 25 years, appeals from judgment of conviction. We affirm.

Defendant’s contention that the evidence was insufficient to support the verdict is without merit. Defendant was first involved in a fight with the victim late on the evening of January 22, 1972, at a Minneapolis bar. After leaving the hospital to which police had taken him for treatment of facial injuries sustained in this fight, defendant secured a steak knife and returned to the bar shortly after midnight and attacked the victim with the knife, inflicting three wounds, two superficial, one fatal. On these facts, the jury could properly conclude that defendant wilfully and knowingly, without intent to kill, killed the victim while committing the felony of aggravated assault upon him. See, State v. Smith, 295 Minn. 65, 203 N. W. 2d 348 (1972); State v. Morris, 290 Minn. 523, 187 N. W. 2d 276 (1971); State v. Kopetka, 265 Minn. 371, 121 N. W. 2d 783 (1963); State v. Nelson, 148 Minn. 285, 181 N. W. 850 (1921).

We do not consider defendant’s other contentions relating to the trial court’s failure to give certain instructions because defendant did not request these instructions and, therefore, waived the right to raise *528 those issues on appeal. State v. Tellock, 273 Minn. 512, 142 N. W. 2d 64 (1969).

Affirmed.

Mr. Justice Scott took no part in the consideration or decision of this case.

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Bluebook (online)

219 N.W.2d 88, 300 Minn. 527, 1974 Minn. LEXIS 1386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carson-minn-1974.

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