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STATE v. BATES

No. 42125.

183 N.W.2d 287 (1971)

STATE of Minnesota, Respondent, v. Dale BATES, Appellant.

Supreme Court of Minnesota.

January 15, 1971.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Ronald L. Haskvitz, Asst. Public Defender, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., James M. Kelley, Asst. Atty. Gen., St. Paul, Carl E. Erickson, County Atty., Fred Casey, Asst. County Atty., Brainerd, for respondent.

Heard before KNUTSON, C. J., and OTIS, PETERSON, KELLY, and ROSENGREN, JJ.

OPINION

KELLY, Justice.

This is an appeal from a conviction of burglary under Minn.St.1967, § 609.58, subds. 1 and 2(3), entered pursuant to a jury's verdict of guilty.

On the morning of December 3, 1968, about 2:35 a. m., Officer Jack Musselman observed a broken window in the office of the Standard Lumber Company in Pequot Lakes, Minnesota. In answer to Musselman's call to the sheriff's office, two other officers, Con Badger and Ken Bjerkness...

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