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STATE v. JENNINGS

No. C7-92-485.

487 N.W.2d 536 (1992)

STATE of Minnesota, Plaintiff, v. Gregory Lamont JENNINGS, Defendant.

Court of Appeals of Minnesota.

Review Denied September 29, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael O. Freeman, Hennepin County Atty., Michael Richardson, Lee W. Barry, Asst. County Attys., Minneapolis, for plaintiff.

William R. Kennedy, Hennepin County Public Defender, Warren R. Sagstuen, Asst. Public Defender, Minneapolis, for defendant.

Considered and decided by PARKER, P.J., and HUSPENI and KALITOWSKI, JJ.

OPINION

HUSPENI, Judge.

Defendant Gregory Lamont Jennings was indicted for first degree murder in violation of Minn.Stat. § 609.185(5) (1990). In a pre-trial appeal, presented as a certified question, defendant argues this statute is unconstitutionally vague. We decline to answer the certified question and remand for trial.

FACTS

Defendant lived with his girlfriend S.C. and her thirteen-month-old daughter, K.W. On October 29, 1991...

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