Minnesota Supreme Court, 1974

State v. Carson

Minnesota Supreme Court · Decided June 7, 1974 · Scott

219 N.W.2d 88; 300 Minn. 527; 1974 Minn. LEXIS 1386 (North Western Reporter, Second Series)

Counsel

C. Paul Jones , State Public Defender, for appellant. Warren Spannaus , Attorney General, Gary W. Flakne , County Attorney, and Theodore R. Rix, Michael McGlennen , and Vernon E. Bergstrom , Assistant County Attorneys, for respondent.

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(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1986, among the opinions in this site’s citation index.

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Cases that cite this one

2 later published cases cite this decision.

State v. Sutherlin (Minn. 1986)
Kochevar v. State (Minn. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.