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07/06/79 STATE MINNESOTA v. ALBERTO ROSILLO

July 6, 1979

STATE OF MINNESOTA, RESPONDENT,
v.
ALBERTO ROSILLO, APPELLANT.



Appeal from District Court, Faribault County; Hon. Harvey A. Holtan, Windom 56101, Judge.

Heard before Sheran, C.j., Kelly and Scott, JJ., and considered and decided by the court en banc.

The opinion of the court was delivered by: Kelly

Jury instruction on duress defense properly required that defendant reasonably be in fear of immediate death.

Affirmed.

KELLY, Justice.

Defendant was tried and found guilty of perjury and he appeals. We affirm.

Defendant Alberto Rosillo acted as an informant for the purpose of apprehending suspected narcotics dealers in Winnebago, Minnesota. As an informant, he made three controlled buys of narcotics under the supervision of local police. Later the police obtained a warrant to search the premises where Rosillo had made the purchases and, when the warrant was executed, several individuals were arrested for possession of drugs. Rosillo and the police had agreed to keep his identity confidential. Because his identity as an informant became known, however, Rosillo agreed to testify, enabling a charge of sale of narcotics to be brought against ...


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