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STATE v. JACOBSON

No. 81-852.

326 N.W.2d 663 (1982)

STATE of Minnesota, Respondent, v. Donald Dean JACOBSON, Appellant.

Supreme Court of Minnesota.

December 3, 1982.

Attorney(s) appearing for the Case

Dunlap, Keith, Finseth, Berndt & Sandberg and Jeffrey A. Hanson, Rochester, for appellant.

Warren Spannaus, Atty. Gen., and Kent G. Harbison, Asst. Atty. Gen., St. Paul, D.P. Mattson, County Atty., Rochester, for respondent.

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

SIMONETT, Justice.

Defendant appeals from a judgment of conviction for second-degree arson and defrauding an insurer and from an order denying a new trial. We conclude there should be a new trial because of newly discovered evidence and, therefore, reverse and remand.

On the evening of September 18, 1980, after closing hours, there was a fire in the Happy Warrior Food and Cocktail Lounge, a 3.2 bar in Rochester...

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