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STATE v. O'DELL

No. 82-99.

328 N.W.2d 730 (1983)

STATE of Minnesota, Respondent, v. Danny L. O'DELL, Appellant.

Supreme Court of Minnesota.

January 14, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mary E. Steenson, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey III, Atty. Gen., Gary Hansen and Kenneth W. Saffold, Sp. Asst. Attys. Gen., St. Paul, Robert Kelly, County Atty., Stillwater, for respondent.

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

WAHL, Justice.

In 1980 petitioner was tried on an indictment charging him with second degree murder for the January 29, 1980, act of throwing a fellow Stillwater prisoner off the fourth tier of Cell Block B onto the floor nearly 30 feet below. A district court jury acquitted petitioner of the charged offense but found him guilty of the lesser offense of first-degree manslaughter, Minn. Stat. § 609.20(2) (1980). The trial court sentenced petitioner to 15 years...

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