State v. McGrath
Supreme Court of Minnesota
Defendant was indicted by the grand jury of Aitkin county of the crime of assault in the first degree and pleaded not guilty. He was tried in the district court before McOlenahan, J., and a jury which returned a verdict of guilty of assault in the second degree, and was sentenced to hard labor in the state prison. Erom the judgment rendered and from an order denying his motion for a new trial, defendant appealed.
1Opinion of the CourtBunn, J.
Defendant was tried in the district court for Aitkin county on an indictment alleging assault in the first degree. He was convicted of assault in the second degree. A motion for a new trial was made and denied, and defendant sentenced to the state prison. He appealed to this court from the judgment, and also from the order denying a new trial.
*322The sole question involved is whether it was error to refuse to give the jury the following instruction, requested by defendant:
“No burden of proof rests upon the defendant to prove that he acted in self-defense. The burden of proof is upon the…
2Cases cited2 opinions
- State v. McPhersonSupreme Court of Minnesota · 1911
- Mailand v. MailandSupreme Court of Minnesota · 1901
3Cited by8 opinions
- McAffee v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- State v. ColumbusSupreme Court of Minnesota · 1977
- State v. HutchisonSupreme Court of Minnesota · 1913
- Frank v. United StatesCourt of Appeals for the Ninth Circuit · 1930
- State v. AxilrodSupreme Court of Minnesota · 1956
3 more not listed; retrieve them via the Exa API.