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STATE v. DeWALD

No. C3-90-43.

463 N.W.2d 741 (1990)

STATE of Minnesota, Respondent, v. James Albert DeWALD, Appellant.

Supreme Court of Minnesota.

November 30, 1990.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Richard G. Carlson, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., Linda K. Jenny, Asst. County Atty., Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

WAHL, Justice.

Defendant James Albert DeWald was convicted of two counts of murder in the first degree, in violation of Minn.Stat. § 609.185(3) (1988), for the death of Walter Werdal who was killed by blows from a baseball bat during the burglary and robbery of Werdal's south Minneapolis home. Defendant appeals the conviction arguing that he is entitled to reversal or a new trial because of (1) prosecutorial misconduct...

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