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STATE v. BRYANT

No. 41672.

177 N.W.2d 800 (1970)

STATE of Minnesota, Respondent, v. Melvin Leo BRYANT, Appellant.

Supreme Court of Minnesota.

May 22, 1970.

Attorney(s) appearing for the Case

Robins, Meshbesher, Singer & Spence, and Morley Friedman, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., William Randall, Co. Atty., Daniel Hollihan, Mentor C. Addicks, and Steven DeCoster, Asst. Co. Attys., St. Paul, for respondent.

OPINION

KNUTSON, Chief Justice.

This is an appeal from a judgment convicting defendant of consensual sodomy. The facts are not seriously in dispute and therefore only those necessary to the resolution of the issue raised will be presented.

Montgomery Ward and Company operates a large department store in St. Paul. For the convenience of the public it provides restrooms. The men's restroom involved here contained a number of toilet stalls, 2 feet 9...

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