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STATE v. GERDES

No. 42514.

191 N.W.2d 428 (1971)

STATE of Minnesota, Respondent, v. David Arnold GERDES, Appellant.

Supreme Court of Minnesota.

October 29, 1971.

Attorney(s) appearing for the Case

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

Warren Spannaus, Atty. Gen., St. Paul, Adrian Herbst, City Atty., Gary Gandrud, Edward C. Tischleder, and Robert D. Heacock, Jr., Asst. City Atty., Bloomington, for respondent.

Keith M. Stidd, City Atty., Thomas L. Johnson, Asst. City Atty., Minneapolis, amicus curiae.

Heard before KNUTSON, C. J., and MURPHY, OTIS, ROGOSHESKE, and ROLLOFF, JJ.

OPINION

OTIS, Justice.

Defendant appeals from a conviction for speeding 40 m. p. h. in a 30 m. p. h. zone for which he was sentenced to pay a fine of $30 or serve a term of 5 days. The only evidence of his precise speed was the reading of a radar unit operated by a Bloomington police officer.

The issues are, first, whether the court may take judicial notice of the reliability of radar in establishing the speed of an automobile; and, second, whether...

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