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STATE OF MINNESOTA IN SUPREME COURT A10-1225 Anoka County State of Minnesota, Respondent, vs. Elizabeth Mary Hawes, Appellant. ________________________ Filed: August 24, 2011 Office of Appellate Courts Gildea, C.J. Took no part, Stras, J.

Lori Swanson, Attorney General, St. Paul, Minnesota; and Anthony C. Palumbo, Anoka County Attorney, Robert D. Goodell, Assistant County Attorney, Anoka, Minnesota, for respondent. Charles F. Webber, Faegre & Benson LLP, Minneapolis, Minnesota, for appellant.

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SYLLABUS 1. The evidence at trial was sufficient to support appellant's conviction for

aiding and abetting first-degree premeditated murder. 2. Any erroneous exclusion of out-of-court statements was harmless.

3.

The district court did not err when it denied appellant's motion for a new

trial based on newly available evidence because appellant and her counsel knew of the evidence at the time of trial. Affirmed. OPINION GILDEA, Chief Justice. Elizabeth Hawes was convicted of aiding and abetting the first-degree premeditated murder of her brother Edwin Hawes, in violation of Minn. Stat.

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