STATE v. SPANGLER

No. 40422.

153 N.W.2d 278 (1967)

STATE of Minnesota, Respondent, v. James B. SPANGLER, Appellant.

Supreme Court of Minnesota.

September 29, 1967.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Roberta K. Levy, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., Gerard W. Snell, Acting Sol. Gen., St. Paul, Robert W. Johnson, County Atty., G. D. Giancola, Asst. County Atty., Anoka, for respondent.


OPINION

OTIS, Justice.

Defendant was convicted of burglary and sentenced to a term not to exceed 20 years. The issues on appeal are whether at the time of the offense defendant "possessed" tools to gain access to money or property, and, if so, whether it was necessary for the state to prove he had such possession while in the building which was burglarized. Defendant contends that in the absence of such proof his sentence should have been limited to a period...

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