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STATE v. MURPHY

No. 40399.

152 N.W.2d 507 (1967)

STATE of Minnesota, Respondent, v. Leo MURPHY, Appellant.

Supreme Court of Minnesota.

August 4, 1967.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Ronald L. Haskvitz, Asst. Public Defender, Minneapolis, for appellant.

Robert W. Mattson, Atty. Gen., St. Paul, Robert A. Peterson, County Atty., Crookston, for respondent.

OPINION

MURPHY, Justice.

This case is before us on appeal from a judgment of conviction of the offense of unauthorized use of an automobile in violation of Minn.St. 609.55. It is asserted that defendant's prior conviction of drunkenness in violation of § 340.96 precludes prosecution under the former statute since both violations allegedly grew out of the same conduct and the prosecution of one is a bar to the prosecution of the other within the provisions...

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