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WHELAN v. STATE

No. 43869.

214 N.W.2d 344 (1974)

Leo WHELAN, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

January 18, 1974.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Robert E. Oliphant, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Curtis D. Forslund, Sol. Gen., Gilbert S. Buffington, Sp. Asst. Atty. Gen., St. Paul, Robert Tuveson, County Atty., Albert Lea, for respondent.

Considered en banc without oral argument.

PER CURIAM.

Defendant, whose 1969 jury conviction for sexual intercourse with a child, Minn. St. 609.295(2), was affirmed by this court in State v. Whelan, 291 Minn. 83, 189 N.W.2d 170 (1971), now appeals to this court from an order of the district court denying his petition for postconviction relief, filed in January 1972, in which he sought relief on the ground that shortly after his conviction the victim of the crime had recanted...

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