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STATE v. GARASHA

No. CX-83-5.

358 N.W.2d 657 (1984)

STATE of Minnesota, Respondent, v. Gary GARASHA, Appellant.

Supreme Court of Minnesota.

December 7, 1984.

Attorney(s) appearing for the Case

John S. Connolly, St. Paul, for appellant.

Hubert H. Humphrey III, Atty. Gen., St. Paul, Alan Mitchell, St. Louis County Atty., John DeSanto, Asst. County Atty., Duluth, for respondent.

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

COYNE, Justice.

Defendant was charged with alternative counts of second-degree murder, one alleging that he killed the victim intentionally, the other that he killed the victim unintentionally in the course of committing a felony assault upon him. Minn.Stat. § 609.19(1) and (2)(1982). The charges were based on the fatal shooting of an acquaintance of defendant early on February 7, 1982. Defendant admitted that he intentionally fired two shots at the victim, including...

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