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STATE v. SMITH

No. 51562.

305 N.W.2d 798 (1981)

STATE of Minnesota, Respondent, v. Larry Lee SMITH, Appellant.

Supreme Court of Minnesota.

May 22, 1981.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender and Robert J. Streitz, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Michael McGlennen, Thomas A. Weist and Anne E. Peek, Asst. County Attys., Minneapolis, for respondent.

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

AMDAHL, Justice.

Defendant was found guilty by a district court jury of charges of third-degree murder and simple robbery. Minn.Stat. §§ 609.195(2) and 609.24 (1980). The conduct forming the basis of the convictions consisted of defendant's binding and gagging the victim in order to silence her and prevent her from interfering with his taking and removing of items from her residence. The victim died as the result of asphyxiation caused by the gagging. The...

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