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STATE v. SPAULDING

No. 49618.

296 N.W.2d 870 (1980)

STATE of Minnesota, Respondent, v. James Montgomery SPAULDING, Appellant.

Supreme Court of Minnesota.

August 29, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Michael F. Cromett and Robert Streitz, Asst. Public Defenders, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, App. Section, David W. Larson and Toni A. Beitz, Asst. County Attys., Minneapolis, for respondent.

Heard before KELLY, TODD, and WAHL, JJ., and considered and decided by the court en banc.

WAHL, Justice.

Defendant appeals from his conviction by a Hennepin County jury of aggravated assault and felon in possession of a pistol.1 He was sentenced to three to five years on the aggravated assault conviction. Defendant raises the following issues on appeal: (1) whether he was denied his constitutional right to due process of law when the State reinstated two charges in the complaint on retrial after the defendant successfully set...

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