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STATE v. STUMM

No. 81-840.

312 N.W.2d 248 (1981)

STATE of Minnesota, Respondent, v. Mitchell STUMM, Appellant.

Supreme Court of Minnesota.

November 20, 1981.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Margaret LaMarche, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Anne Peek, Staff Atty., Minneapolis, for respondent.

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

AMDAHL, Justice.

This is an appeal from judgment of conviction that raises only a sentencing issue. Defendant was originally charged by complaint with second-degree murder in the death of the 2-year-old son of his girl friend but that charge was dismissed and defendant was charged by indictment with third-degree felony murder. Defendant waived a jury trial and was found guilty by the trial court of the lesser offense of second-degree manslaughter, Minn.Stat. §...

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