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STATE v. BRITT

No. 41193.

156 N.W.2d 261 (1968)

STATE of Minnesota, Appellant, v. Steven Earl BRITT, Respondent.

Supreme Court of Minnesota.

February 9, 1968.

Attorney(s) appearing for the Case

Douglas M. Head, Atty. Gen., St. Paul, D. P. Mattson, County Atty., Rochester, for appellant.

John E. Streiff, Stewartville, for respondent.

OPINION

PETERSON, Justice.

The state appeals from an order of the District Court of Olmsted County allowing defendant's demurrer to the indictment, with bill of particulars,1 against him. We reverse with direction to reinstate the indictment.

Defendant was charged on September 20, 1967, by an indictment which alleges in material part as follows:

"Steven Earl Britt...

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