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STATE v. BURGESS

No. 41922.

185 N.W.2d 537 (1971)

STATE of Minnesota, Respondent, v. Robert BURGESS, Appellant.

Supreme Court of Minnesota.

March 26, 1971.

Attorney(s) appearing for the Case

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

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

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

OPINION

PER CURIAM.

Defendant has been found guilty of burglary and appeals from his conviction.

At about 4:15 in the morning on July 3, 1968, one Paul Miller was awakened by the sound of breaking glass. He looked out and saw two men walking toward the broken window of a furniture store across the street at 3725 Chicago Avenue, Minneapolis. The shorter of the two men hit the broken window with some object and reached inside. Miller called the police...

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