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STATE v. AARSVOLD

No. C1-85-1063.

376 N.W.2d 518 (1985)

STATE of Minnesota, Appellant, v. Dean Scott AARSVOLD, Respondent.

Court of Appeals of Minnesota.

Review Denied December 30, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, State Atty. Gen., St. Paul, Raymond F. Schmitz, Olmsted Co. Atty., Rochester, for appellant.

Kevin A. Lund, Patterson-Restovich Law Offices, Ltd., Rochester, for respondent.

Heard, considered and decided by the court en banc, consisting of POPOVICH, C.J., and PARKER, WOZNIAK, HUSPENI, LESLIE, NIERENGARTEN, and RANDALL, JJ.

OPINION

LESLIE, Judge.

The State of Minnesota appeals from a pretrial order of the district court dismissing for lack of probable cause a charge of felony murder in which the predicate felony was sale of cocaine. We affirm.

FACTS

During the late evening of September 2, 1984, and the early morning of September 3, respondent was at a party with several people, including Craig Schweiger. At the request of Schweiger, respondent obtained and...

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