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STATE v. LaVALLA

No. 41141.

167 N.W.2d 36 (1969)

STATE of Minnesota, Respondent, v. Roger G. LaVALLA, Appellant.

Supreme Court of Minnesota.

April 11, 1969.

Attorney(s) appearing for the Case

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

Douglas M. Head, Atty. Gen., Richard H. Kyle, Sol. Gen., St. Paul, William B. Randall, County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

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

OPINION

ROGOSHESKE, Justice.

Defendant was convicted after a jury trial of uttering a forged instrument in violation of Minn.St. 609.625, subds. 1(1) and 3. The sole issue raised on appeal is whether the evidence was sufficient to support a finding by the jury that defendant was the person who passed a forged $5 check.

On October 28, 1966, two men drove into Harry's Parkway DX service station in St. Paul in an automobile owned by defendant. One of...

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