STATE v. KALVIG

No. 43552.

209 N.W.2d 678 (1973)

STATE of Minnesota, Plaintiff, v. Carol KALVIG, Defendant.

Supreme Court of Minnesota.

June 22, 1973.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, George M. Scott, County Atty., Henry W. McCarr, Jr., and David G. Roston, Asst. County Attys., Minneapolis, for plaintiff.

Jerry W. Snider, Minneapolis, for defendant.

Heard and considered en banc.


PER CURIAM.

This matter is before this court to review an order dismissing charges of felonious theft against defendant who allegedly fraudulently received welfare payments under the Aid to Families with Dependent Children statutes. The trial court held that the prosecution did not have discretion to prosecute defendant for felonious theft under the general theft statute since provisions in the welfare statutes made such...

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