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STATE v. ROSEN

No. 40964.

158 N.W.2d 202 (1968)

STATE of Minnesota, Respondent, v. Raymond Lawrence ROSEN, Appellant.

Supreme Court of Minnesota.

April 5, 1968.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Murray L. Galinson, Asst. Public Defender, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., Alan M. Schlesigner, Asst. Atty. Gen., St. Paul, Paul J. Doerner, County Atty., St. Cloud, for respondent.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, SHERAN, and PETERSON, JJ.

OPINION

PER CURIAM.

Appeal from a judgment of conviction of the crime of attempted indecent assault.

The only legal question raised is whether it was error for the trial court to allude in its charge to the jury to the fact that the defendant failed to testify in his own behalf. State v. Sandve, 279 Minn. 229, 156 N.W.2d 230, filed February 9, 1967, since this appeal was taken, dictates affirmance.

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