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STATE v. MARTY

No. C4-85-666.

376 N.W.2d 515 (1985)

STATE of Minnesota, Respondent, v. Joseph Edgar MARTY, Appellant.

Court of Appeals of Minnesota.

Review Denied January 17, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Clinton & O'Gorman, P.A., Michael C. Hutchinson, Cottage Grove, for respondent.

Irving Shaw, Ltd., Irving Shaw, St. Paul, for appellant.

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

OPINION

LESLIE, Judge.

Criminal defendant appeals his conviction, claiming that he was denied a fair trial. We agree, and reverse and remand for a new trial.

FACTS

The appellant, Joseph Marty, has a long record of alcohol-related driving offenses. On August 9, 1984, at about 1:30 a.m., appellant entered the house of his estranged wife in violation of a restraining order.

Appellant's wife...

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