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STATE v. DIETZ

Nos. 38,754, 38,755.

264 Minn. 551 (1963)

119 N.W. (2d) 833

STATE v. DONALD DIETZ. STATE v. JOHN A. KOTEK.

Supreme Court of Minnesota.

February 15, 1963.

Attorney(s) appearing for the Case

Walter F. Mondale, Attorney General, Charles E. Houston, Solicitor General, and Herbert J. Cook, County Attorney, for the state.

Robert C. Kucera, for defendant Dietz.

Lucius A. Smith, for defendant Kotek.

KNUTSON, CHIEF JUSTICE.

The two cases above are here by virtue of certification by the trial court under Minn. St. 632.10 of questions raised by defendants' demurrers to informations charging them with commission of felonies.

Each defendant was charged separately by information with having committed the crime of grand larceny in the second degree. The informations are identical and charge that on August 16, 1961, the defendant —

"* * * did wrongfully...

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