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STATE v. KOPETKA

No. 38,314.

265 Minn. 371 (1963)

121 N.W. (2d) 783

STATE v. CHARLES THOMAS KOPETKA.

Supreme Court of Minnesota.

May 17, 1963.

Attorney(s) appearing for the Case

John S. Connolly, for appellant.

Walter F. Mondale, Attorney General, Charles E. Houston, Solicitor General, William B. Randall, County Attorney, and Peter J. Maloney, Assistant County Attorney, for respondent, warden of State Prison.

MURPHY, JUSTICE.

This is an appeal from a judgment of conviction of murder in the third degree. The only question presented as stated in the appellant's brief is, "Does the indictment state facts sufficient to constitute murder in the third degree?"

Before discussing the indictment some reference should be made to the facts which appear in the record. The defendant, Charles T. Kopetka, at the time the offense was committed, was employed by a

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