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STATE v. LEE

No. 81-773.

322 N.W.2d 197 (1982)

STATE of Minnesota, Respondent, v. James Edward LEE, Appellant.

Supreme Court of Minnesota.

July 23, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen and Norman B. Coleman, Jr., Sp. Asst. Attys. Gen., St. Paul, Robert Kelly, County Atty., Stillwater, for respondent.

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

PETERSON, Justice.

Defendant, who was serving a life term at the state prison at Stillwater for the first-degree murder of a Rochester policeman, State v. Lee, 282 N.W.2d 896 (Minn. 1979), was indicted on a charge of first-degree murder following the stabbing death of a fellow inmate at the prison on September 20, 1980. A district court jury found him guilty of the lesser-included offense of second-degree murder. The trial...

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