STATE v. SOBIECK

No. 43066.

216 N.W.2d 832 (1974)

STATE of Minnesota, Respondent, v. Arthur J. SOBIECK, Appellant.

Supreme Court of Minnesota.

April 12, 1974.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, David Essling, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Jonathan H. Morgan, Sol. Gen., Robert F. Carolan, Sp. Asst. Atty. Gen., St. Paul, Ronald H. Schneider, County Atty., Willmar, for respondent.

Considered and decided by the court without oral argument.


PER CURIAM.

Defendant, found guilty by a district court jury of felonious theft by check of property valued at more than $100, Minn. St. 609.52, subds. 2(3)(a) and 3(2), contends on this appeal from the judgment of conviction that he should be granted a new trial because of the trial court's failure to instruct on the lesser included misdemeanor of theft by check of property valued at less than $100, Minn.St. 609.52, subds. 2(3)(a) and 3(5). We affirm because defendant...

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