STATE v. NOVAK

No. 39885.

142 N.W.2d 252 (1966)

STATE of Minnesota, Respondent, v. Norbert M. NOVAK, Appellant.

Supreme Court of Minnesota.

Rehearing Denied April 19, 1966.


Attorney(s) appearing for the Case

Alan G. Greenberg, Minneapolis, for appellant.

Robert W. Mattson, Atty. Gen., St. Paul, George M. Scott, County Atty., Theodore R. Rix, Asst. County Atty., Minneapolis, for respondent.


FRANK T. GALLAGHER, C.

Defendant appeals from an order of the district court denying a motion to vacate a judgment of conviction or for a new trial.

Defendant was arrested on July 6, 1964, on the charge of burglary. On July 9, 1964, he was arraigned upon an information charging him with the crime of burglary, the relevant part of which stated that he—

"* * * did * * * feloniously and burglariously enter that certain building [the Country Gourmet...

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