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STATE v. LaBATTE

No. C9-90-1987.

482 N.W.2d 217 (1992)

STATE of Minnesota, Respondent, v. Steven Jude LaBATTE, Appellant.

Supreme Court of Minnesota.

February 28, 1992.

Attorney(s) appearing for the Case

William Kennedy, Hennepin County Public Defender, Peter W. Gorman, Asst. County Public Defender, Minneapolis, for appellant.

Michael Freeman, Hennepin Co. Atty., Gary S. McGlennen, Asst. Hennepin Co. Atty., Minneapolis, and Hubert H. Humphrey, III, Atty. Gen., St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

COYNE, Justice.

This is another criminal appeal — see State v. Olson, 482 N.W.2d 212 (Minn. 1992), filed herewith — in which the issue is whether the trial court committed prejudicial error in instructing the jury on one of the statutory inferences recognized by the legislature in 1989 for application in drug prosecutions. Holding that the trial court erred in instructing the jury as it did but that the error...

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