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STATE v. HARBITZ

No. 43089.

198 N.W.2d 342 (1972)

STATE of Minnesota, Respondent, v. Raymond J. HARBITZ, Appellant.

Supreme Court of Minnesota.

May 19, 1972.

Attorney(s) appearing for the Case

Paul A. Skjervold and Robert P. Larson, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, David R. Teigum, County Atty., Madelia, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, TODD, and GUNN, JJ.

TODD, Justice.

Defendant was indicted by a grand jury on charges of falsely reporting a crime of assault and falsely reporting an auto theft. The indictment was returned after the close of the term of court for which the grand jury was impaneled. Defendant's motion to quash the indictment was denied by the trial court, and after the close of the state's evidence, the trial court dismissed the charge of falsely reporting an

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