Opinion
No. 43080.
October 27, 1972.
Criminal law — manslaughter conviction — sufficiency of evidence.
Appeal by Alphonse John Magee from a judgment of the Olmsted County District Court, Donald T. Franke, Judge, whereby he was convicted of manslaughter in the first degree. Affirmed.
C. Paul Jones, State Public Defender, and Ronald L. Haskvitz, Assistant State Public Defender, for appellant.
Warren Spannaus, Attorney General, Richard B. Allyn, Special Assistant Attorney General, and DeWayne P. Mattson, County Attorney, for respondent.
Heard before Knutson, C. J., and Otis, Rogosheske, and Schultz, JJ.
Defendant contends on appeal from a judgment of conviction of first-degree manslaughter, Minn. St. 609.20, that (1) police violated his Fourth Amendment rights, (2) he did not receive a fair trial, and (3) the evidence was insufficient as a matter of law to support the verdict in that the state did not prove beyond a reasonable doubt that his act of firing a revolver directly into a threatening crowd of people in a drinking and dancing establishment was not justifiable. We have carefully reviewed the record and find no reversible error and that the evidence is sufficient to sustain the conviction.
Affirmed.