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STATE v. SAUNDERS

No. C9-95-907.

542 N.W.2d 67 (1996)

STATE of Minnesota, Plaintiff, v. Herbert Cecil SAUNDERS, Defendant.

Court of Appeals of Minnesota.

January 16, 1996.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, James B. Early, Assistant Attorney General, St. Paul, Daniel Birkholz, Watonwan County Attorney, Todd Kosovich, Assistant County Attorney, St. James, for Plaintiff.

Calvin P. Johnson, Mankato, Diane M. Miller, Stillwater, for Defendant.

Considered and decided by HARTEN, P.J., and SCHUMACHER and FORSBERG, JJ.

OPINION

THOMAS G. FORSBERG, Judge.*

Defendant Herbert Saunders was tried on a gross misdemeanor charge of practicing medicine without a license under Minn.Stat. § 147.081, subd. 3(3) (1994). After a mistrial resulting from a deadlocked jury, the trial court certified the following question as important and doubtful:

Is Minnesota Statute Section 147.081, Practicing Medicine Without a License, unconstitutionally vague...

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