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STATE v. LARSON

No. 47400.

254 N.W.2d 380 (1977)

STATE of Minnesota, Appellant, v. Terry Joe LARSON, Respondent.

Supreme Court of Minnesota.

May 13, 1977.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, David J. Twa, Asst. County Atty., Mankato, for appellant.

Charles A. Adamson, Mankato, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

This is an appeal by the state pursuant to Rule 29.03, Rules of Criminal Procedure, from a pretrial omnibus hearing order of the district court denying a motion by the defendant to dismiss a felony prosecution on the ground that he was not brought before the magistrate within 36 hours after his arrest as required by Rule 4.02, subd. 5(1), Rules of Criminal Procedure. The district court, although refusing to dismiss the case, ruled that the state had violated...

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