STATE v. SLAPNICHER

No. 39633.

149 N.W.2d 390 (1967)

STATE of Minnesota, Respondent, v. Lawrence Joseph SLAPNICHER, Appellant.

Supreme Court of Minnesota.

March 23, 1967.


Attorney(s) appearing for the Case

Arvid Nasi, Jr., Hibbing, for appellant.

Douglas M. Head, Atty. Gen., St. Paul, John C. Arko, County Atty., David Naughtin, Asst. County Atty., Hibbing, for respondent.


OPINION

OTIS, Justice.

This is an appeal from a paternity adjudication. The only issue is whether the court erred in refusing to receive testimony given by a witness at a previous trial, which the defendant claims was exculpatory notwithstanding the fact it was subsequently repudiated.

The attending physician testified that the date of conception was within 2 or 3 days of April 29, 1963. One Kenneth Ostroot was called as a witness with the understanding...

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