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STATE v. BARSNESS

No. C2-89-1534.

446 N.W.2d 666 (1989)

STATE of Minnesota, Appellant, v. Peggy Ann BARSNESS, Respondent.

Court of Appeals of Minnesota.

Review Granted November 15, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, James C. Backstrom, Dakota County Atty., Hastings, for appellant.

C. Paul Jones, State Public Defender, Scott G. Swanson, Asst. State Public Defender, Minneapolis, Rick E. Mattox, First Dist. Public Defender, Eagan, for respondent.

Heard, considered, and decided by WOZNIAK, C.J., and SCHUMACHER and GARDEBRING, JJ.

OPINION

WOZNIAK, Chief Judge.

This is a pretrial appeal by the state from an order allowing respondent Peggy Barsness to present evidence of her I.Q. level in her defense. Barsness has been indicted for second degree murder, Minn. Stat. § 609.19(1) (1988) (with intent); third degree murder, Minn.Stat. § 609.195 (1988) (depraved mind); and manslaughter in the second degree, Minn.Stat. § 609.205(1...

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