Minnesota Supreme Court, 1972

State v. Barnes

Minnesota Supreme Court · Decided June 16, 1972 · Knutson, MacLaughlin, Otis, Todd

293 Minn. 523; 198 N.W.2d 339; 1972 Minn. LEXIS 1273 (Minnesota Reports)

Counsel

C. Paul Jones, State Public Defender, and Mollie G. RasMnd, Assistant State Public Defender, for appellant., Warren Spannaus, Attorney General, William B. Randall, County Attorney, and Darrell C. Hill, Assistant County Attorney, for respondent.

Opinion of the Court

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.

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