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STATE v. WINGO

No. 48018.

266 N.W.2d 508 (1978)

STATE of Minnesota, petitioner, Appellant, v. Maurice WINGO, Respondent.

Supreme Court of Minnesota.

April 28, 1978.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, Harriet Lansing, City Atty., Thomas R. Hughes, Asst. City Atty., St. Paul, for appellant.

William E. Falvey, Ramsey County Public Defender, St. Paul, for respondent.

Heard and considered by the court en banc.

KELLY, Justice.

This is a prosecutorial appeal under Rule 28, Rules of Criminal Procedure. Pursuant to Rule 28.08, the state appealed to the district court from an order of the municipal court dismissing a misdemeanor prosecution against defendant. The district court dismissed the state's appeal on the grounds that Rule 28 violates both art. 6, § 3, of the Minnesota Constitution, and Minn.St. 480.059, subd. 1. We granted the state's petition pursuant to Rule...

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