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eBook details

• Title: State Minnesota v. James Kenneth Briggs
• Author : Supreme Court of Minnesota
• Release Date : January 08, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Defendant was charged in district court with four counts of attempted first-degree murder, Minn.St. 609.17 and 609.185. The trial court also submitted attempted second-degree murder and aggravated assault, but refused a defense request that he submit simple assault. The jury found defendant guilty of three counts of aggravated assault, Minn.St. 609.225, and the trial court sentenced defendant to three consecutive 1-to 3-year terms in prison. On his appeal from judgment of conviction, defendant contends that (1) simple assault is a necessarily included offense of attempted first-degree murder under Minn.St. 609.04 and under the evidence should have been submitted to the jury, and (2) the prohibition of Minn.St. 609.035 against multiple punishment for crimes arising out of a single behavioral incident barred the imposition of three sentences even though three separate victims were involved. We affirm.

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