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CITY OF ST. PAUL v. CAULFIELD

No. 37,467.

254 Minn. 142 (1959)

94 N.W. (2d) 263

CITY OF ST. PAUL v. JOHN CAULFIELD.

Supreme Court of Minnesota.

January 9, 1959.

Attorney(s) appearing for the Case

Louise Miller O'Neil, for appellant.

Marshall F. Hurley, Corporation Counsel, and John J. McNeil, Assistant Corporation Counsel, for respondent.

THOMAS GALLAGHER, JUSTICE.

On October 23, 1957, defendant, John Caulfield, was tried in the municipal court of St. Paul on the charge of disorderly conduct in violation of a city ordinance. After the city had presented its evidence and rested, defendant rested, and his counsel then moved for dismissal on the ground that the city had failed to prove its case by a fair preponderance of the evidence. This was denied, and thereafter defendant was

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