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STATE v. MERRILL

No. C7-89-766.

450 N.W.2d 318 (1990)

STATE of Minnesota, Plaintiff, v. Sean Patrick MERRILL, Defendant.

Supreme Court of Minnesota.

January 19, 1990.

Attorney(s) appearing for the Case

Kevin A. Lund, Patterson, Restovich, Lund Law Offices, Ltd., Asst. Olmsted County Public Defender, Rochester, for defendant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Raymond F. Schmitz, Olmsted County Atty., Rochester, for plaintiff.

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

SIMONETT, Justice.

Defendant has been indicted for first- and second-degree murder of Gail Anderson and also for first- and second-degree murder of her "unborn child." The trial court denied defendant's motion to dismiss the charges relating to the unborn child but certified for appellate review two questions:

1. Do Minn.Stat. §§ 609.2661(1) and .2662(1) (1988) [the unborn child homicide statutes] violate the fourteenth amendment of the United States...

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