NELSON, Justice.
A jury found defendant guilty of burglary in the second degree and he appeals from the order of the trial court denying his motion for a new trial.
The state, by information duly filed, accused defendant of breaking and entering Roberta Mowrey's apartment at 2639 Colfax Avenue South, Minneapolis, Minnesota, on or about April 28, 1962, during the nighttime and while Mrs. Mowrey was in the apartment.
Defendant, who had been arrested...
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