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MASTRIAN v. McMANUS

No. 76-1427.

554 F.2d 813 (1977)

Norman J. MASTRIAN, Petitioner-Appellant, v. Bruce W. McMANUS, Warden, Minnesota State Prison, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 5, 1977.

Certiorari Denied June 27, 1977.

Attorney(s) appearing for the Case

Jack S. Nordby, St. Paul, Minn., for appellant.

Steven C. DeCoster, Asst. Ramsey County Atty., St. Paul, Minn., for appellee; Warren Spannaus, Atty. Gen., William B. Randall, Ramsey County Atty., St. Paul, Minn., on the brief.

Before GIBSON, Chief Judge, and HEANEY and HENLEY, Circuit Judges.

HEANEY, Circuit Judge.

Norman Mastrian was charged by indictment with the murder of Carol Thompson.1 He was granted a change of venue from St. Paul to Duluth, Minnesota, tried in the latter city and convicted of first degree murder. His motions for a judgment of acquittal or for a new trial, for arrest of judgment, and for a new trial based on newly discovered evidence were each denied in post-trial orders by the state district court....

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