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STATE v. BITZ

No. C9-92-746.

487 N.W.2d 533 (1992)

STATE of Minnesota, Appellant, v. Edward Michael BITZ, Jr., Respondent.

Court of Appeals of Minnesota.

Review Denied September 15, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael A. Fahey, Carver County Atty., Chaska, for appellant.

John M. Stuart, State Public Defender, Mark D. Nyvold, Sp. Asst. State Public Defender, St. Paul, for respondent.

Considered and decided by DAVIES, P.J., and LANSING and NORTON, JJ.

OPINION

LANSING, Judge.

The state appeals from an order applying a per se rule of dismissal for indictments issued by a grand jury for which the prosecutor appointed the foreperson and clerk. We reverse and remand.

FACTS

A grand jury indicted Edward Bitz on one count of premeditated intentional murder in the first degree, one count of intentional murder in the second degree, and one count of felony murder in the second degree. During the...

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