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STATE EX REL. KOPETKA v. TAHASH

No. 40941.

160 N.W.2d 399 (1968)

STATE of Minnesota ex rel. Charles Thomas KOPETKA, Appellant, v. Ralph H. TAHASH, Warden Minnesota State Prison, Respondent.

Supreme Court of Minnesota.

July 19, 1968.

Attorney(s) appearing for the Case

John S. Connolly, St. Paul, for appellant.

Douglas M. Head, Atty. Gen., David J. Byron, Asst. Atty. Gen., St. Paul, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and FRANK T. GALLAGHER, JJ.

OPINION

NELSON, Justice.

This is an appeal from an order discharging a writ of habeas corpus.

The background facts of this case are set out in State v. Kopetka, 265 Minn. 371, 121 N.W.2d 783, as follows:

"* * * The defendant, Charles T. Kopetka, at the time the offense was committed, was employed by a poultry firm to viscerate chickens. He had been estranged from his...

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