STATE v. FINN

No. 43826.

203 N.W.2d 114 (1972)

STATE of Minnesota, Appellant, v. Michael F. FINN, Respondent.

Supreme Court of Minnesota.

December 8, 1972.


Attorney(s) appearing for the Case

Kenneth J. Fitzpatrick, City Atty., A. Keith Hanzel and Stephen C. Rathke, Asst. City Attys., Warren Spannaus, Atty. Gen., St. Paul, for appellant.

Michael F. Fetsch, Public Defender, Legal Assistance of Ramsey County, St. Paul, for respondent.

Considered by KNUTSON, C. J., and KELLY, MURPHY, and SCHULTZ, JJ.


PER CURIAM.

The state appeals from an order of the St. Paul municipal court which dismissed a charge of reckless driving. The municipal court held that under Minn.St. 609.035 a former conviction for unauthorized use of a motor vehicle barred the prosecution for reckless driving. We affirm.

On December 24, 1971, at approximately 2:10 a. m., defendant took and operated a vehicle without the owner's knowledge or consent. After driving for approximately 2 miles...

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