State v. Carothers

OPINION

SCHUMACHER, Judge.

Appellant Tony Lamar Carothers was convicted of second-degree felony murder in violation of Minn.Stat. § 609.19, subd. 2(2) (1996). Carothers challenges the trial court’s exclusion of defense evidence and its response to a question from the jury concerning the duty to retreat. We affirm.

FACTS

The indictment charged Carothers with first-degree premeditated murder, second-degree intentional murder, second-degree felony murder and manslaughter in the first degree in the January 8, 1997 death of Kevin Lee in Apple Valley. Lee had been playing cards and drinking with…