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STATE v. CLIFTON BRUCE BARNES

Minnesota Supreme Court1972-06-16No. No. 43314
293 Minn. 523198 N.W.2d 339

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Opinion

majority opinion

Per Curiam.

Defendant appeals from a conviction for aggravated robbery, Minn. St. 609.245, following a trial by jury, and from the order of the trial court denying his motion for a new trial. The two grounds for appeal are that the evidence does not support the verdict and that, the prosecutor’s closing argument was so improper as to be prejudicial. A review of the testimony shows that ample evidence supported the jury’s verdict.

The closing argument by the prosecutor contains some questionable remarks but was not so prejudicial as to warrant a new trial. Moreover, defendant did not object to the remarks, move for a mistrial, or seek corrective instructions.

The conviction and the order denying a new trial are affirmed.