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STATE v. BROWN

No. 82-144.

317 N.W.2d 714 (1982)

STATE of Minnesota, Appellant, v. John Henry BROWN, Respondent.

Supreme Court of Minnesota.

April 6, 1982.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas W. Foley, County Atty., and Steven DeCoster, Asst. County Atty., St. Paul, for appellant.

C. Paul Jones, Public Defender, and Susan Maki, Asst. Public Defender, Minneapolis, for respondent.

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

SCOTT, Justice.

This is an appeal by the state pursuant to Minn.R.Crim.P. 29.031 from an order of the district court granting defendant a new trial on charges of criminal sexual conduct in the first and second degree.

Defendant was convicted by a jury in 1980 of the charges in question on the basis of evidence that he sexually penetrated and had sexual contact with the daughter of friends of his. Sentenced to 20 years in prison...

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