Supreme Court of Minnesota November 4, 1966, 39938 (State Ex Rel. Fruhrman v. Tahash)

Thomas Gallagher, Justice

(dissenting in part).

I am of the opinion that statements made by defendant in his confession and at his arraignment indicate that there would have been much evidence from which a jury might have found that his killing of the station attendant was not premeditated and that his guilt would be for that of murder in the third degree under Minn. St. 1961, § 619.10.