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STATE v. SHUPE

No. 42649.

196 N.W.2d 127 (1972)

STATE of Minnesota, Respondent, v. James DeWayne SHUPE, Appellant.

Supreme Court of Minnesota.

March 24, 1972.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Kenneth F. Kirwin and Doris O. Huspeni, Asst. Public Defenders, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Keith Brownell, County Atty., Bruce Anderson, Asst. Co. Atty., Duluth, for respondent.

Heard before KNUTSON, C. J., and MURPHY, OTIS, and PETERSON, JJ.

OPINION

PER CURIAM.

Appeal from a judgment of conviction and an order denying a motion for a new trial following conviction by jury verdict pursuant to an information charging defendant with the offense of burglary under Minn.St. 609.58, subd. 2(3), and "with further reference to Minnesota Statutes, Section 609.05, constituting LIABILITY FOR CRIMES OF ANOTHER."

It is asserted on appeal that the conviction must be reversed because it rests upon the...

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