State v. Mitchell

Murphy, Justice.

This is an appeal from an order denying defendant’s motion for a new trial following his conviction of murder in the third degree. Defendant, together with one Jacob Joseph Smith and Richard Thomas McCarty, was charged by indictment with murder in the third degree contrary to Minn. St. 1961, § 619.10. The indictment alleged that the act took place on August 12, 1959, and that the victim, Gordon Knopic, died August 16, the result of an assault upon him in an attempted robbery.

The material facts as they appear in the record are substantially the same as those stated in State v.…