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STATE v. WITTE

No. 40788.

158 N.W.2d 266 (1968)

STATE of Minnesota, Respondent, v. Luther David WITTE, Appellant.

Supreme Court of Minnesota.

April 11, 1968.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Paul Kunert, Robert E. Oliphant, Asst. Public Defenders, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., St. Paul, George M. Scott, County Atty., Henry W. McCarr, Jr., Minneapolis, for respondent.

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

OPINION

ROGOSHESKE, Justice.

On July 4, 1966, defendant was arrested and thereafter charged with the crime of burglary in violation of Minn.St. 609.58, subd. 2, which provides:

"Whoever enters a building without the consent of the person in lawful possession, with intent to commit a crime therein, commits burglary * * *." (Italics supplied.)

Upon his plea of not guilty and while represented by counsel of his own selection, he was...

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