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STATE v. MERRILL

No. 47960.

274 N.W.2d 99 (1978)

STATE of Minnesota, Respondent, v. Larry Gene MERRILL, Appellant.

Supreme Court of Minnesota.

December 1, 1978.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Kathleen A. King, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, David W. Larson and Lee Barry, Asst. County Attys., Minneapolis, for respondent.

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

YETKA, Justice.

Defendant Larry Gene Merrill appeals his conviction of murder in the first degree. The case was tried before a jury in Hennepin County District Court, and defendant was sentenced to life imprisonment at the St. Cloud Reformatory. He requests a new trial or, in the alternative, a modification of the verdict to murder in the second degree. We affirm.

At about noon on December 22, 1976, the body of Mrs. Abbie Miesler was discovered by her brother...

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