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STATE v. SANDERS

No. C0-83-1812.

355 N.W.2d 200 (1984)

STATE of Minnesota, Respondent, v. Lonnie Dale SANDERS, Appellant.

Court of Appeals of Minnesota.

Review Granted December 20, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, State Atty. Gen., Michael T. Milligan, Cass Co. Atty., Walker, for respondent.

C. Paul Jones, State Public Defender, Mollie G. Raskind, Deputy State Public Defender, Minneapolis, for appellant.

Heard, considered and decided by PARKER, P.J., and FOLEY and HUSPENI, JJ.

OPINION

FOLEY, Judge.

Defendant was convicted by a jury of second-degree felony murder — an unintentional death caused by an intentional first degree assault. Minn.Stat. § 609.19(2) (1982). Defendant's motion for a new trial was denied, and he appeals.

We reverse and remand for a new trial.

FACTS

Defendant Lonnie Sanders was convicted by a jury of second degree felony murder in the death of his younger brother Lew Sanders...

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