Johanson v. State

MEMORANDUM OPINION

CRIPPEN, Judge.

Appellant contends the trial court erroneously instructed the jury on the duty to retreat related to the legal excuse of self-defense. Appellant acknowledges that the instructions followed the law which existed, in 1979, when he was tried, but he claims *363the duty to retreat was not part of the law in 1978, when the offense occurred. We disagree and affirm the conviction.

FACTS

In November 1979, appellant was found guilty on two counts of aggravated assault, Minnesota Statutes § 609.225, subds. 1 and 2 (1978), with reference to Minnesota Statutes § 609.11 (1978).…