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STATE v. MITCHELL

No. 38,088.

268 Minn. 513 (1964)

130 N.W. (2d) 128

STATE v. RICHARD ROBERT MITCHELL.

Supreme Court of Minnesota.

June 5, 1964.

Attorney(s) appearing for the Case

John S. Connolly, for appellant.

Walter F. Mondale, Attorney General, Charles E. Houston, Solicitor General, William B. Randall, County Attorney, and Thomas M. Quayle, Assistant County Attorney, for respondent.

MURPHY, JUSTICE.

This is an appeal from an order denying defendant's motion for a new trial following his conviction of murder in the third degree. Defendant, together with one Jacob Joseph Smith and Richard Thomas McCarty, was charged by indictment with murder in the third degree contrary to Minn. St. 1961, § 619.10. The indictment alleged that the act took place on August 12, 1959, and that the victim, Gordon Knopic, died August 16, the result of an assault...

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