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STATE v. MATHEWS

No. CX-86-1685.

400 N.W.2d 385 (1987)

STATE of Minnesota, Appellant, v. Duane Erwin MATHEWS, Respondent.

Court of Appeals of Minnesota.

Review Denied April 17, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., St. Paul, Pete Kasal, McLeod Co. Atty., Glencoe, for appellant.

C. Paul Jones, State Public Defender, Cathryn Y. Middlebrook, Asst. Public Defender, Minneapolis, for respondent.

Heard, considered and decided by CRIPPEN, P.J., and LANSING and NIERENGARTEN, JJ.

OPINION

LANSING, Judge.

This is a pretrial appeal by the State from a trial court order dismissing a grand jury indictment against respondent Duane Erwin Mathews for arson in the first degree, Minn.Stat. § 609.561 (1984). We reverse.

FACTS

Duane Mathews was the vendee on a contract for deed of the Copper Still Bar in Plato, Minnesota. The bar was destroyed by two separate fires on August 5 and August 8, 1985. A grand jury was impaneled...

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