STATE v. INTHAVONG

No. C0-86-1730.

402 N.W.2d 799 (1987)

STATE of Minnesota, Respondent, v. Chanh INTHAVONG, Appellant.

Supreme Court of Minnesota.

March 27, 1987.


Attorney(s) appearing for the Case

William Kennedy, Hennepin County Public Defender, Ann Remington, James Krieger, Minneapolis, for appellant.

Thomas L. Johnson, Michael Richardson, Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.


SIMONETT, Justice.

Defendant appeals the trial court's denial of a motion to dismiss his indictment. Because of fundamental error in the court's charge to the grand jury, we reverse and order the indictment dismissed.

On July 7, 1986, a Hennepin County grand jury was impaneled to sit for 4 months. Judge Lindsay G. Arthur presided at the impaneling. Pursuant to Minn. Stat. § 628.56 (1986) and Minn.R.Crim.P. 18.03, subd. 3, the judge instructed the grand...

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