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STATE v. SCHLEICHER

No. C3-02-2043.

672 N.W.2d 550 (2003)

STATE of Minnesota, Respondent, v. Roger Lindbo SCHLEICHER, Appellant.

Supreme Court of Minnesota.

December 24, 2003.

Attorney(s) appearing for the Case

Mary M. McMahon, McMahon & Associates Criminal Defense, Ltd., Roseville, MN, for Appellant.

Mike Hatch, Attorney General, Kelly O'Neill Moller, Assistant Attorney General, St. Paul, MN, Douglas L. Ruth, Steele County Attorney, Owatonna, MN, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

PAGE, Justice.

Roger Lindbo Schleicher (Schleicher) was indicted on one count of first-degree murder under Minn.Stat. § 609.185(a)(1) (2002) as a result of the shooting death of his close friend, Jack Johannsen (Johannsen). At trial, Schleicher pled not guilty and not guilty by reason of mental illness under Minn.Stat. § 611.026 (2002),1 often referred to as the "M'Naghten rule,"2

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