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STATE v. SWAIN

No. 47524.

269 N.W.2d 707 (1978)

STATE of Minnesota, Respondent, v. Richard Mark SWAIN, Appellant.

Supreme Court of Minnesota.

June 23, 1978.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Robert Oliphant, Asst. Public Defender, Minneapolis, for appellant.

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

Heard before YETKA, SCOTT and WAHL, JJ., and considered and decided by the court en banc.

YETKA, Justice.

Defendant was found guilty of first degree murder by a jury in Hennepin County District Court and is appealing from the judgment entered on the jury verdict. We affirm the conviction of murder but reduce the degree from first to second.1

Defendant, Richard Swain, lived in Golden Valley, Minnesota, with his mother, Betty Swain. Defendant was arrested on April 22, 1976, and charged by complaint with murder in the...

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