State v. White

Peterson, Justice.

A jury found defendant, Gary R. White, guilty of second- degree murder in the shooting death of John Kenneth Newton on July 4, 1971. He appeals from the judgment of conviction and the order of the district court, The Honorable Tom Bergin, Judge, denying his post-trial motion for judgment of acquittal notwithstanding the verdict or, in the alternative, for a new trial.

The motion for judgment of acquittal is wholly without merit. The jury could find under the admitted evidence that defendant did shoot the decedent, that he acted with intent to effect death, Minn. St. 609.19,…