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STATE v. CROSBY

No. 40444.

151 N.W.2d 297 (1967)

STATE of Minnesota, Respondent, v. Francis Raymond CROSBY, Appellant.

Supreme Court of Minnesota.

May 26, 1967.

Attorney(s) appearing for the Case

C. Paul Jones, Pub. Def. and Roberta K. Levy, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., Gerard W. Snell, Sol. Gen., St. Paul, J. Jerome Kluck, County Atty., Hastings, for respondent.

OPINION

KNUTSON, Chief Justice.

This is an appeal from a conviction of burglary under Minn.St. 609.58, subd. 2(3).

The facts may be summarized as follows:

On January 15, 1965, at about 12:30 a. m., a burglar alarm was set off at the LaHass Manufacturing Company in Dakota County and three officers responded to the call. Deputy Sheriffs Duane Zimmerman and Wallace Melville arrived first and Deputy Sheriff Norman Gould arrived shortly thereafter...

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