State v. Austin

PETERSON, Justice.

A district court jury returned a verdict finding defendant Lonnie Austin guilty of murder in the first degree, a violation of Minn.Stat. § 609.185(1) (1982). He was convicted for the shooting death of Kevin Johnson which occurred March 9, 1981. The trial court sentenced defendant to mandatory life imprisonment.

Three issues are raised on appeal: (1) was defendant’s use of force justified; (2) was the trial court’s jury instruction on the law of retreat correct; and (3) was the evidence insufficient to support a verdict of murder in the first degree and, rather, supportive…