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STATE v. CALDWELL

Nos. 49437, 51505.

322 N.W.2d 574 (1982)

STATE of Minnesota, Respondent, v. Roger Sipe CALDWELL, Appellant, and Roger Sipe CALDWELL, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

August 6, 1982.

Attorney(s) appearing for the Case

Robert D. Goodell and Douglas W. Thomson, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Alan L. Mitchell, County Atty., John E. DeSanto and Mark S. Rubin, Asst. County Attys., Duluth, for respondent.

Heard, considered, and decided by the court en banc.

AMDAHL, Chief Justice.

This is a consolidated appeal by Roger Sipe Caldwell from his first-degree murder conviction and from the denial of his motion for a new trial on the ground of newly-discovered evidence. We reverse and remand.

Roger Caldwell was arrested on July 6, 1977, in connection with the June 27 murders of Elisabeth Congdon, an elderly Duluth heiress, and her nurse, Velma Pietila. On August 5, 1977, a St. Louis County grand jury indicted him on...

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