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STATE v. JAEGER

No. 910132-CA.

896 P.2d 42 (1995)

STATE of Utah, Plaintiff and Appellant, v. Donald L. JAEGER, Defendant and Appellee.

Court of Appeals of Utah.

May 18, 1995.

Attorney(s) appearing for the Case

Christine F. Soltis (argued), Asst. Atty. Gen., Jan Graham, State Atty. Gen., Salt Lake City, for appellant.

Joan C. Watt (argued), Lisa J. Remal, Richard P. Mauro, Salt Lake Legal Defender Assoc., Salt Lake City, for appellee.

Before DAVIS, Associate P.J., and BILLINGS and GREENWOOD, JJ.

OPINION

GREENWOOD, Judge:

The State of Utah appeals from a magistrate's dismissal of a criminal information charging Donald L. Jaeger with second degree murder in violation of Utah Code Ann. § 76-5-203 (1995). We reverse.

BACKGROUND

On the evening of August 22, 1990, Jaeger arrived at his West Jordan home to find that Mary Barndt, his 19-year-old live-in girl-friend, was not home and had left her baby unattended in a bedroom. Jaeger...

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