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STATE v. ALEXANDER

No. 42241.

185 N.W.2d 887 (1971)

STATE of Minnesota, Respondent, v. Steven John ALEXANDER, Appellant.

Supreme Court of Minnesota.

March 26, 1971.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Roberta K. Levy, Rosalie Wahl, Asst. Public Defenders, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., James M. Kelley, Asst. Atty. Gen., St. Paul, DeWayne P. Mattson, County Atty., Rochester, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, KELLY, and ROSENGREN, JJ.

OPINION

NELSON, Justice.

Appeal from a judgment convicting defendant-appellant, Steven John Alexander, of burglary in violation of Minn.St.1967, § 609.58, subd. 2(3). The case was tried before a jury in the District Court of Olmsted County, and defendant was sentenced to the commissioner of corrections for a period not exceeding 5 years.

Minn.St.1967, § 609.58, subd. 2, provides in part:

"Whoever enters a building without the consent...

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