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SMITH v. STATE

No. 81-1262.

319 N.W.2d 427 (1982)

Gerald George SMITH, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

May 21, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mollie G. Raskind, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen and Barbara D. Gill, Sp. Asst. Attys. Gen., St. Paul, Raymond O. Walz, County Atty., Redwood Falls, for respondent.

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

SCOTT, Justice.

This is a petition for postconviction relief by Gerald George Smith from his 1970 conviction for third-degree murder for the 1969 unintentional murder of his wife during the commission of an aggravated assault upon her. The conviction was affirmed on appeal from judgment of conviction in State v. Smith, 295 Minn. 65, 203 N.W.2d 348 (1972). One of the issues decided in the state's favor on that appeal was the...

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