Opinion
No. 45271.
January 16, 1976.
Criminal law — conviction of attempted burglary — sufficiency of evidence — claimed denial of due process.
Appeal by Joseph Francis Harrington, Jr., from a judgment of the Ramsey County District Court, Ronald E. Hachey, Judge, whereby he was convicted of attempted burglary with a tool, and from an order denying his alternative motion for judgment notwithstanding the verdict or for a new trial. Affirmed.
C. Paul Jones, State Public Defender, and Rosalie E. Wahl, Special Assistant State Public Defender, for appellant.
Warren Spannaus, Attorney General, William B. Randall, County Attorney, and Steven C. DeCoster, Assistant County Attorney, for respondent.
Considered and decided by the court without oral argument.
Defendant was found guilty by a district court jury of a charge of attempted burglary with a tool, Minn. St. 609.17 and 609.58, subd. 2(1) (a), and was sentenced by the trial court to a maximum indeterminate term of 10 years' imprisonment. On this appeal from the judgment of conviction and the denial of a motion for a new trial, defendant contends that there was as a matter of law insufficient evidence to support the verdict and that he was denied due process when the trial court permitted the prosecution to elicit on cross-examination of defendant that he had been convicted of burglary 3 years earlier. After careful consideration, we affirm.
Affirmed.