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STATE v. HARRIS

No. 38,375.

265 Minn. 260 (1963)

121 N.W. (2d) 327

STATE v. PAUL V. HARRIS.

Supreme Court of Minnesota.

April 19, 1963.

Attorney(s) appearing for the Case

John S. Connolly and Andrew B. Kjos, for relator.

Walter F. Mondale, Attorney General, Charles E. Houston, Solicitor General, William B. Randall, County Attorney, and Allan R. Markert, Assistant County Attorney, for respondent.

NELSON, JUSTICE.

The facts involved in this case are practically undisputed. At 12:45 a.m. on August 2, 1960, defendant was sitting in his parked automobile on Benjamin Street Northeast, just off 45th Street, in Columbia Heights. At the same time Officers Melvin Land and John Marchiniak of the Columbia Heights Police Department were patrolling the area in an unmarked vehicle. As the officers turned onto Benjamin Street from

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