MATTER OF EXHUMATION & AUTOPSY OF McKINSTRY

No. C4-85-246.

372 N.W.2d 828 (1985)

In the Matter of the EXHUMATION AND AUTOPSY OF William E. McKINSTRY.

Court of Appeals of Minnesota.

Review Denied September 26, 1985.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., James B. Early, Sp. Asst. Atty. Gen., St. Paul, for John C. Henry, Steele County Coroner.

Renee L. Worke, Rietz, Rietz & Rietz, Owatonna, for Kay McKinstry.

Heard, considered and decided by RANDALL, P.J., and WOZNIAK and LANSING, JJ.


OPINION

LANSING, Judge.

The Steele County Coroner requested the exhumation and autopsy of William E. McKinstry. McKinstry's widow refused her consent, so the coroner requested a court order as provided in Minn.Stat. § 390.11, subd. 3 (1984). The trial court denied the order, and the coroner appeals. We reverse.

FACTS

William McKinstry, age 32, died sometime during the early morning hours of July 8, 1984. He was found by friends at...

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