STATE v. GARRITY

No. 40394.

151 N.W.2d 773 (1967)

STATE of Minnesota, Respondent, v. James Joseph GARRITY, Appellant.

Supreme Court of Minnesota.

June 16, 1967.


Attorney(s) appearing for the Case

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

Douglas M. Head, Atty. Gen., Gerard W. Snell, Acting Sol. Gen., St. Paul, Wallace C. Sieh, County Atty., Austin, for respondent.


OPINION

NELSON, Justice.

Defendant was convicted by a jury of the crime of theft by swindle in violation of Minn.St. 609.52 on November 30, 1965, and was sentenced and committed to the custody of the commissioner of corrections for a period not to exceed 5 years. He appeals, seeking reversal of the judgment or a new trial.

The record indicates that at noon on Friday, August 13, 1965, Mrs. Mary Torgerson, a widow living in Austin, Minnesota, received...

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