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STATE v. KINDEM

No. C4-81-562.

338 N.W.2d 9 (1983)

STATE of Minnesota, Respondent, v. Harlan K. KINDEM, Appellant.

Supreme Court of Minnesota.

Rehearing Denied October 24, 1983.

Attorney(s) appearing for the Case

Harlan K. Kindem, pro se.

C. Paul Jones, State Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, amici curiae, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Rick Osborne, Michael Richardson, Asst. County Attys., and Beverly J. Wolfe, Staff Atty., Minneapolis, for respondent.

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

SIMONETT, Justice.

Defendant was charged by the grand jury in Hennepin County with second-degree intentional murder, Minn.Stat. § 609.19 (1980), for killing 63-year-old Clifford Hoffman of Richfield by hitting him on the head a number of times with a baseball bat in the course of robbing him outside his home early on June 17, 1980. A district court jury found defendant guilty of the lesser-included offense of third-degree murder under the felony-murder doctrine...

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