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STATE v. KOEHLER

No. 50996.

312 N.W.2d 108 (1981)

STATE of Minnesota, Respondent, v. Patrick Byron KOEHLER, Appellant.

Supreme Court of Minnesota.

Rehearing Denied December 16, 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., St. Paul, Alan L. Mitchell, County Atty., and Peter M. Banovetz, Asst. County Atty., Duluth, for respondent.

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

OPINION

OTIS, Justice.

Defendant Patrick Byron Koehler appeals from a conviction for murder in the first degree. We remand for a new trial.

Karen Wiita, the twelve-year-old sister of appellant's former woman companion, was murdered on February 27, 1978. Her badly beaten body was found in the late afternoon near Spirit Mountain Recreational Area in Duluth. Shortly thereafter, the investigation by Duluth police began to focus on appellant.

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