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RACE v. STATE

No. C7-92-1961.

504 N.W.2d 214 (1993)

Larry Gene RACE, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

August 13, 1993.

Attorney(s) appearing for the Case

Richard P. Clem, Clem & Crosby, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan L. Mitchell, St. Louis County Atty. and John E. DeSanto, Asst. County Atty., Duluth, for respondent.

Heard, considered and decided by the court en banc.

TOMLJANOVICH, Justice.

We are asked to decide whether the trial court abused its discretion in deciding that Larry Race was not entitled to a new trial based upon newly discovered evidence. We believe the trial court did not abuse its discretion in denying the new trial and affirm.

This case has been here twice before,1 thus we will only summarize the facts. On the night of May 11, 1982...

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