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STATE v. CARITHERS

No. C9-91-2423.

484 N.W.2d 435 (1992)

STATE of Minnesota, Plaintiff, v. Debra Dee CARITHERS, Clark Gaylord Gladwin, Defendants.

Court of Appeals of Minnesota.

Review Granted June 30, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael Freeman, Hennepin County Atty., Lisa A. Berg, Asst. County Atty., Minneapolis, for plaintiff.

William Kennedy, Hennepin County Public Defender, Renee J. Bergeron, Asst. Public Defender, Robert G. Davis, Minneapolis, for defendants.

Considered and decided by HARTEN, P.J., and PARKER and CRIPPEN, JJ.

OPINION

PARKER, Judge.

This is a certified question, arising from two consolidated trial court cases, asking whether the third-degree murder provision for drug overdose deaths, Minn.Stat. § 609.195(b) (1990), can be applied to persons whose sharing of heroin caused their spouses' deaths. We answer the question in the affirmative, reverse the trial court's order, and remand the case for trial.

FACTS

Debra Carithers' husband died from...

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