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STATE v. THEIS

No. 43408.

202 N.W.2d 885 (1972)

STATE of Minnesota, Respondent, v. Terry Lee THEIS, Appellant.

Supreme Court of Minnesota.

December 8, 1972.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Richard L. Dahlen, Sp. Asst. Public Defender, Minneapolis, for appellant.

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

Heard before KNUTSON, C. J., and OTIS, KELLY, and SCHULTZ, JJ.

PER CURIAM.

Defendant, on appeal from judgment of conviction for aggravated robbery, Minn.St. 609.245, and from a denial of his motion for a new trial, contends that (1) the pretrial lineup was unfairly suggestive and that the trial judge committed prejudicial error in permitting the two witnesses who identified defendant at trial to testify that they had identified him at the lineup; (2) the trial judge also committed prejudicial error in permitting testimonial reference...

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