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STATE v. AUBOL

No. 46753.

244 N.W.2d 636 (1976)

STATE of Minnesota, Plaintiff and Petitioner, v. Philip Eugene AUBOL, Defendant and Petitioner.

Supreme Court of Minnesota.

July 9, 1976.

Attorney(s) appearing for the Case

Keith Brownell, County Atty., John E. DeSanto, Asst. County Atty., Duluth, for plaintiff and petitioner.

Fred T. Friedman, Duluth, for defendant and petitioner.

Douglas Cann, Bemidji, and David W. Larson, Minneapolis, County Atty's Counsel, Amicus Committee, seeking issuance of writ.

C. Paul Jones, Minneapolis, Public Defender, and Jean Hanson, Maury S. Landsman and J. Diane Savage, Law Clerks, amici curiae seeking issuance of writ.

Heard before SHERAN, C. J., and ROGOSHESKE, TODD and YETKA, JJ., and considered and decided by the court en banc.

PER CURIAM.

Joint petition of the state and defendant Philip Eugene Aubol for a writ of mandamus compelling the St. Louis County District Court to dismiss an indictment charging the defendant with the crime of murder in the first degree. Writ shall issue.

On August 18, 1975, at approximately 10:30 p. m., Michael Rocheleau, employed as a gas station attendant at the M & C Service Station in Duluth, was shot and killed. On September 4, 1975, the St. Louis...

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