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STATE v. MALZAC

No. 45728.

244 N.W.2d 258 (1976)

STATE of Minnesota, Respondent, v. Philip Paul MALZAC, Appellant.

Supreme Court of Minnesota.

July 9, 1976.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Gregory A. Gaut, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Keith M. Brownell, County Atty., William D. Sommerness, Duluth and Gregory K. Larson, Virginia, Asst. County Attys., for respondent.

Heard before KELLY, TODD, and BREUNIG, JJ., and considered and decided by the court en banc.

ROBERT J. BREUNIG, Justice.*

Appeal from a judgment of conviction of murder in the second degree1 and from an order denying defendant's motion for a new trial.

Defendant, Philip Paul Malzac, was charged with second-degree murder after the girl with whom he was living, Mary Sue Brown, died of a .20-gauge shotgun wound in the upper part of her left buttock. She was shot about 12:30 a. m. on February 7...

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