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STATE v. BERNIER

No. 44916.

226 N.W.2d 864 (1974)

STATE of Minnesota, Appellant, v. Dennis Michael BERNIER, Respondent.

Supreme Court of Minnesota.

September 20, 1974.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, John O. Sonsteng, County Atty., Rick E. Mattox, Asst. County Atty., Hastings, for appellant.

C. Paul Jones, Public Defender, David Essling, Asst. Public Defender, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

This is an appeal by the state pursuant to Minn.St. 632.11 from a pretrial order of the Dakota County District Court suppressing eyewitness identification of defendant by the victim of a burglary on the ground that an on-the-scene confrontation was so impermissibly suggestive as to create a substantial likelihood of misidentification. We reverse.

At 1:30 a. m. on August 21, 1973, Mrs. Leonard Hotaling, who was with her husband in the bedroom of...

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