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STATE v. MOYER

No. 50592.

298 N.W.2d 768 (1980)

STATE of Minnesota, Respondent, v. Jesse Botell MOYER, Appellant.

Supreme Court of Minnesota.

November 7, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and J. Christopher Cuneo, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Div., David W. Larson, Asst. County Attys., Thomas A. Weist, Law Clerk, and Daniel H. Mabley, Asst. County Atty., Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

PETERSON, Justice.

Defendant was found guilty by a district court jury of charges of first-degree arson, Minn.Stat. § 609.561 (1978), and attempted second-degree murder, Minn.Stat. §§ 609.17 and 609.19 (1978), and was sentenced by the trial court for the attempted murder to a prison term of 1 year and 1 day to 20 years. On this appeal from judgment of conviction, defendant contends he should receive a new trial because the trial court prejudicially...

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