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STATE v. BOITNOTT

No. C6-88-1445.

443 N.W.2d 527 (1989)

STATE of Minnesota, Respondent, v. Jerald BOITNOTT, Appellant.

Supreme Court of Minnesota.

Rehearing Denied September 20, 1989.

Attorney(s) appearing for the Case

Meshbesher, Singer & Spence, Ltd., Jack Nordby, Ronald Meshbesher, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., William F. Klumpp, Jr., Sp. Asst., St. Paul, and Richard T. Jessen, Benton County Atty., Foley, for respondent.

Heard, considered and decided by the court en banc.

WAHL, Justice.

Defendant Jerald Boitnott appeals his conviction for first degree felony murder, Minn.Stat. § 609.185(3) (1988), second degree (intentional) murder, Minn.Stat. § 609.19(1) (1988), second degree felony murder, Minn.Stat. § 609.19(2) (1988), and second degree assault, Minn.Stat. § 609.222 (1988), in connection with the April 14, 1987, shooting death of his friend Dale Anthony Landwehr. A Benton County

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