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STATE v. McKOWN

Nos. CX-90-766, C1-90-767.

461 N.W.2d 720 (1990)

STATE of Minnesota, Appellant, v. Kathleen Riga McKOWN, Respondent (CX-90-766), William Lisle McKown, Respondent (C1-90-767), Mario Victor Tosto, Defendant.

Court of Appeals of Minnesota.

Review Granted December 14, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas Johnson, Hennepin Co. Atty., J. Michael Richardson, Asst. Hennepin Co. Atty., Minneapolis, for appellant.

Peter J. Thompson, Thompson & Lundquist, Minneapolis, and Ronald J. Riach, Peterson, Franke & Riach, Roseville, for respondents.

John Stuart, State Public Defender, Minneapolis (Observer) for defendant.

Terrence J. Fleming, Lindquist & Vennum, Minneapolis, for amicus curiae Church of Christ, Scientist.

Peter M. Lancaster, Dorsey & Whitney, Minneapolis, for amicus curiae Minnesota Civil Liberties Union.

Considered and decided by GARDEBRING, P.J., and HUSPENI and DAVIES, JJ.

OPINION

GARDEBRING, Judge.

This is an appeal by the state from an order dismissing second-degree manslaughter indictments against respondents. We affirm.

FACTS

Ian Lundman, the 11-year-old son of respondent Kathleen McKown and the stepson of respondent William McKown, died at his home on May 9, 1989, of ketoacidosis diabetes. The McKowns are practicing Christian Scientists. Prior to his death, Ian was ill intermittently for several weeks...

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