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STATE v. ARMSTRONG

No. 42844.

194 N.W.2d 293 (1972)

STATE of Minnesota, Respondent, v. Adie ARMSTRONG, Appellant.

Supreme Court of Minnesota.

February 4, 1972.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Wood R. Foster, Jr., Asst. Public Defender, Minneapolis, for appellant.

Warren R. Spannaus, Atty. Gen., St. Paul, Keith M. Stidd, City Atty., Kenneth R. Frantz, Asst. City Atty., Minneapolis, for respondent.

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

OPINION

PER CURIAM.

Defendant has been found guilty of petty theft, a misdemeanor, and appeals from the conviction. The issues are whether defendant was in fact arrested without a warrant for a misdemeanor not committed in the presence of the arresting officer in violation of Minn.St. 629.34(1); and whether defendant consented to a search and seizure which led to a valid arrest.

On April 19, 1970, a nurse at Hennepin County General Hospital reported...

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