BROBERG v. STATE

No. 41520.

176 N.W.2d 904 (1970)

James Russell BROBERG, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

May 1, 1970.


Attorney(s) appearing for the Case

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

Douglas M. Head, Atty. Gen., St. Paul, George M. Scott, County Atty., Henry W. McCarr, Jr., and David G. Roston, Asst. County Attys., Minneapolis, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and THEODORE B. KNUDSON, JJ.


OPINION

NELSON, Justice.

Appeal by James Russell Broberg from a denial of his petition for postconviction relief.

Shortly before 1 a. m. on November 23, 1962, George Tweed, owner of the Wayside Inn, a tavern in Richfield, Minnesota, observed petitioner and two other men in his establishment. Petitioner was wearing a gold sweater and brown pants. Mr. Tweed spoke with petitioner, observed his face from a distance of 2 feet, and "got a real good look...

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