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STATE v. AMBUEHL

No. 41874.

176 N.W.2d 893 (1970)

STATE of Minnesota, Respondent, v. James Dale AMBUEHL, Appellant.

Supreme Court of Minnesota.

April 24, 1970.

Attorney(s) appearing for the Case

Burns, Burns, Rawlings & Burns, St. Cloud, for appellant.

Douglas M. Head, Atty. Gen., Darrell C. Hill, Sp. Asst. Atty. Gen., St. Paul, William A. Torell, County Atty., Foley, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

FRANK T. GALLAGHER, Justice.

This is an appeal from a judgment of the district court adjudging defendant, James Dale Ambuehl, guilty of the crime of burglary in violation of Minn.St. 609.58, subd. 2(3).

At approximately 2 a. m. on February 26, 1968, Walter Stearns and Rick McDonald broke into the Sauk Rapids Hardware Store by using a crowbar to pry open the back door. They went directly to the cash register from which they obtained $10. They...

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