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STATE v. SHAW

No. 48109.

264 N.W.2d 397 (1978)

STATE of Minnesota, Appellant, v. Melbourne J. SHAW, Respondent.

Supreme Court of Minnesota.

March 17, 1978.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Gary Hansen, Special Asst. Atty. Gen., St. Paul, Thomas J. Ryan, County Atty., Pine City, for appellant.

Weinberg, Litman & Kaner and Sidney E. Kaner, Duluth, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

This is a pretrial appeal by the state from an order of the district court dismissing a complaint for lack of probable cause in the prosecution of defendant for arson, Minn.St. 609.561, subd. 1. We dismiss the appeal as being from a nonappealable order under Rule 29.03, subd. 1, Rules of Criminal Procedure, and vacate our prior order refusing to dismiss the state's appeal and granting discretionary review as improvidently issued.

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