State v. Berry

PETERSON, Justice.

Defendant Kling Emmett Berry, Jr., was convicted of first-degree murder by a district court jury for causing the death of Ellen Hreha “while committing or attempting to commit” upon her “criminal sexual conduct in the first or second degree with force or violence.” Minn.Stat. § 609.185(2) (1980). On this appeal from judgment of conviction defendant contends (1) that the trial court erred in concluding a prosecution witness was competent to testify at trial, (2) that testimony regarding certain out-of-court statements of that witness was improperly admitted, (3) that there…