STATE v. PETTEE

No. C6-93-939.

511 N.W.2d 43 (1994)

STATE of Minnesota, Respondent, v. John PETTEE, Appellant.

Court of Appeals of Minnesota.

Review Granted March 31, 1994.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Mark D. Nyvold, Asst. State Public Defender, St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Michael O. Freeman, Hennepin County Atty., Donna J. Wolfson, Asst. County Atty., Minneapolis, for respondent.

Considered and decided by HARTEN, P.J., and KLAPHAKE and PETERSON, JJ.


OPINION

HARTEN, Judge.

Appellant John Pettee claims that the state impermissibly sought a first degree murder indictment against him after dismissal of a prior indictment charging third degree murder and second degree manslaughter. We affirm.

FACTS

In November 1991, a Hennepin County grand jury considered charges related to the death of Ruth Munden, who died in June 1991. Munden was found naked in bed in her apartment. The medical examiner...

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