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STATE v. VIERGUTZ

No. 50713.

288 N.W.2d 693 (1980)

STATE of Minnesota, Appellant, v. Herbert Andrew VIERGUTZ, Respondent.

Supreme Court of Minnesota.

January 4, 1980.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Richard D. Hodsdon, Sp. Asst. Atty. Gen., St. Paul, Thomas G. McCarthy, County Atty., Winthrop, for appellant.

Nilva & Frisch and Thomas J. Laughlin, St. Paul, for respondent.

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

SHERAN, Chief Justice.

This is a pretrial appeal by the state, pursuant to R. 29.03, subd. 1, R.Crim.P., from an order of the district court dismissing an amended complaint in a felony prosecution. The issue on appeal focuses on the meaning of R. 17.06, subd. 4(3), R.Crim.P., re the appropriate procedures a prosecutor must follow in order to file an amended complaint when the original complaint is dismissed for lack of...

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