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BROWN v. STATE

No. 41485.

176 N.W.2d 605 (1970)

Lawrence W. BROWN, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

April 10, 1970.

Attorney(s) appearing for the Case

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

Douglas M. Head, Atty. Gen., St. Paul, George M. Scott, Co. Atty., Henry McCarr and David G. Roston, Asst. County Attys., Minneapolis, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

ROGOSHESKE, Justice.

Appeal from an order of the district court denying a petition for postconviction relief. On August 24, 1937, petitioner was indicted for the first-degree murder of one Samuel Brolin. On October 12, 1937, the jury returned a verdict of guilty of the lesser included offense of murder in the second degree, pursuant to which petitioner was sentenced to life imprisonment.

On October 21, 1937, petitioner moved for a new trial...

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