State v. Daml

This is an appeal from a judgment of conviction of first-degree robbery, Minn. St. 1961, § 619.42. Defendant contends that the court erred in failing to instruct the jury on the effect of a witness’ prior inconsistent statement and that the verdict is not supported by the record.

From the record it appears that the jury could find that defendant and his companion, one Roger Childs, at between 2 and 2:30 a. m. on June 20, 1963, were driving in the vicinity of the Clark gas station on University Avenue in southeast Minneapolis. They stopped about a block from the station, at which time defendant…