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  5. 326 N.W.2d 648 (1982)
 

STATE v. MING SEN SHIUE

Nos. 81-491, 81-530.

326 N.W.2d 648 (1982)

STATE of Minnesota, Appellant (81-491), Respondent (81-530), v. MING SEN SHIUE, Respondent (81-491), Appellant (81-530).

Supreme Court of Minnesota.

December 3, 1982.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, Robert W. Johnson, County Atty., and Robert A. Stanich, Asst. County Atty., Anoka, for the State.

Meshbesher, Singer & Spence, Ronald Meshbesher, Cheryl Divine and Carol Grant, Minneapolis, for Shiue.

Heard, considered and decided by the court en banc.

TODD, Justice.

Ming Sen Shiue has been convicted of the kidnapping of Mary Stauffer and her 8-year-old daughter.1 During the commission of that crime, Shiue encountered a 6-year-old child, Jason Wilkman. Shiue kidnapped Wilkman and took him to the Carlos Avery Wildlife Farm. Later, police discovered Wilkman's body and Shiue was charged with murder in the second degree. Shiue pled not guilty, and not guilty by reason of mental defect. At...

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