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STATE v. LUBENOW

No. 49802.

310 N.W.2d 52 (1981)

STATE of Minnesota, Respondent, v. Gerald Arnold LUBENOW, Appellant.

Supreme Court of Minnesota.

September 4, 1981.

Attorney(s) appearing for the Case

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

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., and Richard G. Evans, Sp. Asst. Atty. Gen., St. Paul, Thomas J. Reif, County Atty., Alexandria, for respondent.

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

TODD, Justice.

Defendant, Gerald Arnold Lubenow, was convicted of second-degree murder1 in connection with the death of Roseleen Peterson after a trial by jury in Douglas County District Court. He was sentenced to an indeterminate term of imprisonment not to exceed 40 years. Appellant challenges his conviction on several grounds, including the sufficiency of the evidence and the admission into evidence as dying declarations certain incriminating...

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