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STATE v. LEINWEBER

No. 43906.

228 N.W.2d 120 (1975)

STATE of Minnesota, Respondent, v. Harry Alexander LEINWEBER, Appellant.

Supreme Court of Minnesota.

April 4, 1975.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, David G. Roston, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Keith M. Brownell, County Atty., Michael R. Dean, Asst. County Atty., Duluth, for respondent.

Heard before ROGOSHESKE, KELLY, and YETKA, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

Defendant, Harry Alexander Leinweber, was charged by information with murder in the second degree for the shooting death in June 1971 of his wife. Following an 18-day trial, the jury found him guilty of the lesser offense of murder in the third degree, and he was sentenced to imprisonment for an indeterminate term of not more than 25 years. Upon his appeal from an order denying his motion for a new trial and from the judgment of conviction, he...

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