Willman v. State
Willman v. State
Opinion of the Court
This is an appeal from an order of the district court denying a petition for post-conviction relief from a judgment of conviction entered against petitioner in 1971 for conspiracy to commit first-degree murder.
Minn.St.1974, § 609.175, subd. 3, as it read when enacted in 1963 and when the crime in this case was committed was as follows:
“This section applies if:
“(1) The defendant in this state conspires with another outside of this state; or
“(2) The defendant outside of this state conspires with another in this state; or
“(3) The defendant outside of this state conspires with another outside of this state and an overt act in furtherance of the conspiracy is committed within this state by either of them.”
By L.1975, c. 279, § 1, the legislature added a fourth paragraph to subd. 3, making it clear that the section also applies if “[t]he defendant in this state conspires with another in this state.”
Petitioner contends that this amendment was a legislative recognition that before then one could not be convicted of a conspiracy committed entirely within Minnesota.
Recently, however, in State v. Happel, Minn., 259 N.W.2d 600 (1977), we considered and rejected an identical contention. As we said there, the drafters of subd. 3 had not tried to limit the application of the statute to the circumstances described but “to expand or at least clarify the
Affirmed.
. This court affirmed that conviction in State v. Willman, 296 Minn. 322, 208 N.W.2d 300 (1973).
Reference
- Full Case Name
- James Willard WILLMAN v. STATE of Minnesota
- Status
- Published