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STATE v. DWIRE

No. C2-86-1695.

409 N.W.2d 498 (1987)

STATE of Minnesota, Respondent, v. James Allen DWIRE, Lowell Dale Kramer, Fred Hendrickson, petitioners, Appellants.

Supreme Court of Minnesota.

July 24, 1987.

Attorney(s) appearing for the Case

John W. Lundquist, Minneapolis, for James Allen Dwire.

John L. Holahan, Jr., Edina, for Lowell Dale Kramer.

Paul W. Rogosheske, St. Paul, for Fred Hendrickson.

Robert A. Stanich, Sp. Asst. Atty. Gen., St. Paul, Pete Kasal, Asst. Lyon Co. Atty., Glencoe, for respondent.

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

OPINION

SIMONETT, Justice.

This appeal raises issues of whether either our rules or common law prohibit the issuance of a criminal complaint while an indictment for the same offense, which is subsequently held invalid, is pending. The court of appeals reversed the trial court's dismissal of the complaints and ruled that complaints issued under such circumstances were valid. State v. Dwire, 401 N.W.2d 124 (Minn.App...

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