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STATE v. HARMENING

No. C3-85-867.

376 N.W.2d 254 (1985)

STATE of Minnesota, Respondent, v. James L. HARMENING, Appellant.

Court of Appeals of Minnesota.

Review Denied December 13, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, David Johnson, Koochiching Co. Atty., International Falls, for respondent.

C. Paul Jones, State Public Defender, Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and LESLIE and NIERENGARTEN, JJ., with oral argument waived.

OPINION

LESLIE, Judge.

Appellant, James Harmening, was convicted of criminal sexual conduct in the second degree, Minn.Stat. § 609.343(a) (1984), for sexual contact with a four-year old girl. Appellant contends that the evidence was insufficient, that he was denied a fair trial because of prosecutorial misconduct and because of an erroneous jury instruction, and that he is entitled to a new trial based on newly discovered evidence. He also contends...

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