[Download] "State v. Harry Alexander Leinweber" by Supreme Court of Minnesota # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Harry Alexander Leinweber
- Author : Supreme Court of Minnesota
- Release Date : January 04, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Defendant, Harry Alexander Leinweber, was charged by information with murder in the second degree for the shooting death in
June 1971 of his wife. Following an 18-day trial, the jury found him guilty of the lesser offense of murder in the third degree,
and he was sentenced to imprisonment for an indeterminate term of not more than 25 years. Upon his appeal from an order denying
his motion for a new trial and from the judgment of conviction, he alleges as prejudicial errors the denial by the trial court
of his request to instruct the jury on the lesser offense of first-degree manslaughter and improper prosecutorial cross-examination.
We hold that the refusal of the trial court to submit first-degree manslaughter prejudiced defendant's right to a fair trial,
reverse defendant's conviction, and order a new trial. Defendant, 60 years old at the time of trial in 1972, had been employed since 1946 as a "boilermaker welder," a job which
necessitated very frequent travel. His first wife, after 27 years of marriage, died in 1959, leaving two children. In 1965,
defendant's union sent him to Virginia, Minnesota, to work at the taconite plant, where he met Louise Bronich Rozinka and
married her in 1966. She was then 27 years old. After their marriage, defendant, Louise, and her three children by a prior
marriage -- Dee Anne (age 15 at the time of trial), Kelly (age 12), and William (age 11) -- lived together although defendant
continued to travel, living in 11 states in 5 years as he moved to various jobs. At times the family accompanied him and at
times they remained in Virginia, where they finally settled in 1969.
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