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STATE v. EMERSON

No. 41638.

169 N.W.2d 63 (1969)

STATE of Minnesota, Respondent, v. Gerald Jennes EMERSON, Appellant.

Supreme Court of Minnesota.

June 27, 1969.

Attorney(s) appearing for the Case

John S. Connolly, St. Paul, for appellant.

Douglas M. Head, Atty. Gen., Richard H. Kyle, Sol. Gen., J. Dennis O'Brien, Sp. Asst. Atty. Glen., St. Paul, Glen W. Swenson, County Atty., Buffalo, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and FRANK T. GALLAGHER, JJ.

OPINION

PER CURIAM.

Defendant appeals from a conviction for possession of burglary tools in violation of Minn.St. 609.59.1 He was tried without a jury and sentenced to a term of 3 years in prison.

On the evening of February 1, 1968, at about 11:15 p. m., the chief of police of Delano, Cornelius Stein, was patrolling a county road when he noticed footprints in the snow headed in the direction of a school building some...

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