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STATE v. DAHLSTROM

No. 39591.

150 N.W.2d 53 (1967)

STATE of Minnesota, Respondent, v. Wayne N. DAHLSTROM, Appellant.

Supreme Court of Minnesota.

April 7, 1967.

Attorney(s) appearing for the Case

George Byers, St. Cloud, for appellant.

Robert W. Mattson, Atty. Gen., Gerard Snell, Sol. Gen., St. Paul, William B. Randall, County Atty., Bertrand Poritsky, Asst. County Atty., St. Paul, for respondent.

OPINION

SHERAN, Justice.

Appeal from a judgment of the district court.

At about 1 a. m. on November 30, 1963, at the intersection of Western and Thomas Avenues in St. Paul, defendant, armed with a .22 rifle, confronted Sergeant Robert M. Lee of the St. Paul Police Department. Ordered to drop his gun, defendant raised the weapon to a shooting position. Lee and other officers fired their .38 service revolvers...

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