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STATE v. ATKINS

No. C8-95-333.

543 N.W.2d 642 (1996)

STATE of Minnesota, Respondent, v. Tommie NMN ATKINS, Appellant.

Supreme Court of Minnesota.

February 16, 1996.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Marie L. Wolf, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael O. Freeman, Hennepin County Atty., Michael Richardson, Asst. County Atty., Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

OPINION

ANDERSON, Justice.

On March 6, 1994, the owner of the Snelling Motel in Minneapolis was beaten and then shot to death during the course of an attempted robbery by appellant, Tommie Atkins, and his accomplice, Robert Dixon. Atkins was indicted on two counts of first-degree murder — premeditated murder and intentional murder while committing or attempting to commit aggravated robbery. Prior to trial, the state dismissed the charge of premeditated...

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