STATE v. SERSTOCK

No. C3-86-264.

402 N.W.2d 514 (1987)

STATE of Minnesota, Appellant, v. Emanuel A. SERSTOCK, Respondent.

Supreme Court of Minnesota.

March 20, 1987.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., and Mary Magnuson, Sp. Asst. Atty. Gen., St. Paul, for appellant.

David G. Roston, Minneapolis, for respondent.

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


AMDAHL, Chief Justice.

Respondent Emanuel A. Serstock was indicted by a grand jury on three counts of violating the public officer misconduct statute, Minn.Stat. § 609.43(2) (1984). In a pre-trial order, the trial court dismissed the indictment on the grounds that the facts alleged did not constitute an offense and that the language of the indictment was not sufficiently specific to satisfy Minn.R. Crim.P. 17.02, subd. 2, and Minn.Stat. § 628.18 (1986)....

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