State v. McDonald

SCOTT, Justice.

Defendant, who waived his right to a jury trial, was found guilty by the district court of a charge of burglary with tool, Minn.Stat. § 609.58, subd. 2(l)(a) (1982), and was sentenced to 25 months in prison. On this appeal from judgment of conviction defendant contends that his conviction should be reversed outright on the ground that the evidence that a burglary was committed was legally insufficient; alternatively, he seeks a new trial on the ground that the trial court erred in admitting eyewitness identification testimony which defendant challenged on due process grounds.…