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STATE v. GABLER

No. 42728.

199 N.W.2d 439 (1972)

STATE of Minnesota, Respondent, v. Peter Markis GABLER, Appellant.

Supreme Court of Minnesota.

June 30, 1972.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Jerome D. Truhn, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Robert W. Johnson, County Atty., Robert H. Scott, Asst. County Atty., Anoka, for respondent.

Heard before KNUTSON, C. J., and KELLY, TODD, and MASON, JJ.

PER CURIAM.

Defendant was convicted of burglary with a tool following a trial by jury. Minn. St. 609.58, subd. 2(1)(a). He presents three issues on appeal to this court.

First, did the trial court err in admitting evidence alleged to have been seized from defendant. The error is based on defendant's claim that the state did not comply with the requirements of State ex rel. Rasmussen v. Tahash, 272 Minn. 539, 141 N.W.2d 3

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