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RACE v. STATE

No. C2-87-539.

417 N.W.2d 264 (1987)

Larry Gene RACE, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

December 24, 1987.

Attorney(s) appearing for the Case

David W. Larson, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan L. Mitchell, Co. Atty., John E. DeSanto, Asst. Co. Atty., Duluth, for respondent.

Heard and considered by the court en banc.

OPINION

COYNE, Justice.

This is an appeal by Larry Gene Race (hereafter "petitioner") from an order of the district court denying a petition for postconviction relief in the form of a new trial based upon a claim of newly discovered evidence. We affirm.

In 1983 petitioner was found guilty by a district court jury of first-degree murder in the death of Deborah Race, his wife and the mother of his three children. Petitioner was sentenced to life imprisonment...

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