290 Minn. 526 187 N.W.2d 674

STATE v. LANCE ROPER.

187 N. W. (2d) 674.

May 28, 1971

No. 42099.

C. Paul Jones, State Public Defender, and Roberta K. Levy, Assistant State Public Defender, for appellant.

Warren Spannaus, Attorney General, James M. Kelley, Assistant Attorney General, and Robert F. Carolan, Special Assistant Attorney General, for respondent.

Heard before Knutson, C. J., and Murphy, Otis, Rogosheske, and Rolloff, JJ.

Per Curiam.

Appeal from judgment of conviction of burglary, Minn. St. 1967, § 609.58, subds. 1 and 2 (3). Defendant waived jury trial and, at the close of the evidence, the trial court found him guilty. It is contended that because of intoxication and the effect of drugs he had consumed he was incapable of forming the intent to commit the offense with which he was charged.

There is no dispute that defendant broke into the premises of an implement company, after which he was discovered and apprehended by authorities. The only money left by the proprietor in the cash register consisted of a number of pennies, some of which were found strewn about the floor. When defendant was apprehended, he was found hiding on a shelf about 7 or 8 feet from the floor. The public defender contends *527that he was mentally disturbed and went into the building to commit suicide and not to steal. We have examined the record, giving defendant the full benefit of the provisions of Minn. St. 609.075,1 and conclude that there was ample evidence to support the trial court’s verdict of guilty. State v. Ellingson, 283 Minn. 208, 167 N. W. (2d) 55; State v. Nelson, 285 Minn. 304, 173 N. W. (2d) 349; State v. Doust, 285 Minn. 336, 173 N. W. (2d) 337; State v. O’Donnell, 280 Minn. 213, 158 N. W. (2d) 699.

Affirmed.

State v. Roper
290 Minn. 526 187 N.W.2d 674

Case Details

Name
State v. Roper
Decision Date
May 28, 1971
Citations

290 Minn. 526

187 N.W.2d 674

Jurisdiction
Minnesota

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