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STATE v. KEITH

No. 82-974.

325 N.W.2d 641 (1982)

STATE of Minnesota, Appellant, v. David Norton KEITH, Respondent.

Supreme Court of Minnesota.

October 29, 1982.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, R. Kathleen Morris, County Atty., Shakopee, for appellant.

Michael G. Singer, Minneapolis, for respondent.

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

SCOTT, Justice.

This is an appeal by the Scott County Attorney pursuant to Minn.R.Crim.P. 29.03 from a pretrial order of the district court in a gross misdemeanor prosecution of defendant for violating Minn.Stat. § 169.121, subds. 1(a) and 3(a), as amended by Act of March 19, 1982, ch. 423, 1982 Minn.Laws 288. The order removes the county attorney from the case and remands the matter to the city attorney for the City of Shakopee for prosecution. The issue...

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