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STATE v. LOEBACH

No. 50237.

310 N.W.2d 58 (1981)

STATE of Minnesota, Respondent, v. Robert Wayne LOEBACH, Appellant.

Supreme Court of Minnesota.

September 11, 1981.

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., and Gary Hansen, Sp. Asst. Atty. Gen., St. Paul, Jerome Schreiber, County Atty., Lake City, for respondent.

Heard, considered and decided by the court en banc.

YETKA, Justice.

On July 31, 1978, appellant was charged with third-degree murder (Minn.Stat. § 609.195 (1980)) and first-degree manslaughter (Minn.Stat. § 609.20 (1980)) in connection with the June 1, 1978, death of his three-month-old son Michael. The case was tried to a jury in November 1978, in Wabasha County District Court, resulting in a verdict of guilty of third-degree murder. On March 9, 1979, appellant was sentenced to a maximum term of 15 years...

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