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STATE v. WERMERSKIRCHEN

No. C7-91-1027.

497 N.W.2d 235 (1993)

STATE of Minnesota, Petitioner, Appellant, v. Thomas WERMERSKIRCHEN, Respondent.

Supreme Court of Minnesota.

March 12, 1993.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Robert A. Stanich, Sp. Asst. Atty. Gen., St. Paul, and Michael O. Freeman, Hennepin County Atty., Gary S. McGlennen, Asst. County Atty., Minneapolis, for appellant.

Earl P. Gray, St. Paul, for respondent.

Robert A. Stanich, Sp. Asst. Atty. Gen., and Gina Grace, Washburn, St. Paul, for amicus curiae, MN County Attys. Ass'n.

Considered and decided by the court en banc without oral argument.

COYNE, Justice.

The court of appeals granted the defendant, Thomas Wermerskirchen, a new trial on a charge he sexually touched his 9-year-old daughter and thereby committed criminal sexual conduct in the second degree, Minn.Stat. § 609.343, subd. 1(a) (1990).1 The court of appeals ruled (1) that Spreigl or other-crime evidence was properly admitted pursuant to Minn.R.Evid. 404(b) to prove that any touching was intentional but...

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