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STATE v. AZZONE

No. 38948.

135 N.W.2d 488 (1965)

STATE of Minnesota, Respondent, v. John AZZONE, Appellant.

Supreme Court of Minnesota.

Rehearing Denied June 15, 1965.

Attorney(s) appearing for the Case

Robert W. Mattson, Atty. Gen., St. Paul, William B. Randall, County Atty., Phyllis Jones, Asst. County Atty., St. Paul, for respondent.

Joseph Robbie and Peter Lindberg, Minneapolis, for appellant.

SHERAN, Justice.

Appeal from an order of the district court denying defendant's motion for a new trial.

On December 8, 1959, John Azzone, Alex DeGoode, and Rocco Lupino were indicted jointly for the crime of kidnapping Anthony DeVito on September 28, 1953. Lupino was tried first and found guilty. Upon appeal to this court the conviction was affirmed. State v. Lupino, 268 Minn. 344, 129 N.W.2d 294

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