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STATE v. FALCONE

No. 42277.

195 N.W.2d 572 (1972)

STATE of Minnesota, Respondent, v. Henry S. FALCONE, Appellant.

Supreme Court of Minnesota.

March 3, 1972.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Reese C. Johnson, Sp. Asst. Public Defender, Doris O. Huspeni, Minneapolis, for appellant.

Warren R. Spannaus, Atty. Gen., St. Paul, Keith Brownell, County Atty., Curtis H. Foster, Asst. County Atty., Duluth, for respondent.

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

OPINION

ROGOSHESKE, Justice.

The defendant, having executed a written waiver of immunity from self-incrimination, testified before a grand jury which subsequently indicted him on several charges, including one count for theft of $150 in violation of Minn.St. 609.52, subd. 2(3).1 Defendant was acquitted on all counts except the count for theft of $150, on which he was found guilty....

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