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STATE v. MYTYCH

No. 41956.

194 N.W.2d 276 (1972)

STATE of Minnesota, Respondent, v. Eleanor Theresa MYTYCH, Appellant.

Supreme Court of Minnesota.

February 4, 1972.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, G. Thomas MacIntosh, II, and Richard B. Allyn, Asst. Public Defenders, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., James M. Kelley, Asst. Atty. Gen., William B. Randall, County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

Heard before KNUTSON, C. J., and MURPHY, OTIS, KELLY, and ODDEN, JJ.

OPINION

DONALD C. ODDEN, Justice.*

Defendant appeals from a judgment entered pursuant to a verdict, reached by the court without a jury, finding her guilty of third-degree murder and aggravated assault.

Defendant, Eleanor Theresa Mytych, met Sam Pulford in May 1964 in Bensenville, Illinois, a suburb of Chicago. At that time defendant had been a divorcee for 6 months and Pulford was estranged

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