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STATE v. SCHMIT

No. 39079.

139 N.W.2d 800 (1966)

STATE of Minnesota, Respondent, v. Adrian B. SCHMIT, Appellant.

Supreme Court of Minnesota.

January 21, 1966.

Attorney(s) appearing for the Case

Ray Flader, Louise Miller O'Neil, St. Paul, for appellant.

Robert W. Mattson, Atty. Gen., St. Paul, William B. Randall, County Atty., Phyllis G. Jones, and Henry W. Pickett, Jr., Asst. County Attys., for respondent.

ROGOSHESKE, Justice.

Appeal from an order denying defendant's motion for judgment of acquittal or in the alternative a new trial.

Defendant was brought to trial in the District Court of Ramsey County upon an information charging him with the crime of sodomy as follows:

"That on the 8th day of November, in the year 1962, at said county, Adrian Benedict Schmit [sic], then and there being, did wrongfully, unlawfully, feloniously and carnally know a female...

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