State v. Marchand

Defendant, found guilty by a district court jury of burglary, Minn. St. 609.58, and sentenced to an indeterminate term not to exceed 5 years’ imprisonment, contends on this appeal from judgment of conviction that (1) the evidence against him was, as a matter of law, insufficient to support a conviction; and (2) the trial court’s instruction concerning the use of a prior inconsistent statement made by one of the witnesses was inadequate. We affirm.

1. The key evidence against defendant was the testimony of a woman who lived near the burgled building. Although she did not see defendant enter the…