STATE v. NOLTE

No. 39838.

150 N.W.2d 698 (1967)

STATE of Minnesota, Respondent, v. Donald NOLTE, Appellant.

Supreme Court of Minnesota.

May 12, 1967.


Attorney(s) appearing for the Case

Lanier, Knox & Shermoen, Fargo, N. D., Robert R. Pflueger, Ortonville, for appellant.

Douglas M. Head, Atty. Gen., St. Paul, Raymond Lamb, County Atty., Moorhead, for respondent.


OPINION

PER CURIAM.

Defendant was convicted of stealing two calves. There is no claim that any reversible error exists in the trial. The motion for a new trial is based entirely upon an affidavit of one Mike Peterson that he heard the bailiff say to two girl students from Moorhead State Teachers College, in explaining the location of the farms involved, that "those cattle did not walk over there" and he, Mike Peterson, got the impression from the inflection...

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