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STATE v. McCORMICK

No. 48332.

273 N.W.2d 624 (1978)

STATE of Minnesota, Appellant, v. Robert John McCORMICK, Respondent.

Supreme Court of Minnesota.

October 27, 1978.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Jane Prohaska, Sp. Asst. Atty. Gen., St. Paul, Robert W. Kelly, County Atty., Stillwater, for appellant.

C. Paul Jones, Public Defender, Minneapolis, for respondent.

Considered and decided by the court en banc.

OTIS, Justice.

This is an appeal by the state from an order of the Washington County District Court granting defendant's motion to dismiss a complaint charging him with unlawfully detaining his own children in violation of Minn.St. 609.26. We affirm.

In 1976 defendant's wife obtained a California divorce and was granted custody of the couple's two children. Defendant was granted specific visitation rights. The mother...

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