State v. Scheerle

TODD, Justice.

Defendant was found guilty by a district court jury of a charge of first-degree manslaughter, Minn.St. 609.20, a lesser-included offense of the charge of third-degree murder, Minn.St. 609.195(2), on which he was tried. On this appeal from judgment of conviction, defendant, who is confined to prison pursuant to a 15-year term, contends (1) that the trial court erred in failing to sua sponte instruct the jury on the lesser offense of second-degree manslaughter, Minn.St. 609.205, and (2) that the court erred in denying a post-trial Schwartz hearing to consider a claim by defense…