STATE v. SWENSON

No. 43998.

221 N.W.2d 706 (1974)

STATE of Minnesota, Respondent, v. Dale Orlie SWENSON, a. k. a. John Quincy Molumby, Appellant.

Supreme Court of Minnesota.

September 13, 1974.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Richard L. Dahlen, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Theodore R. Rix and Vernon Bergstrom, Asst. County Attys., Minneapolis, for respondent.

Heard before OTIS, MacLAUGHLIN, and YETKA, JJ., and considered and decided by the court en banc.


OTIS, Justice.

Defendant appeals from a conviction for aggravated robbery under Minn.St. 609.245 and 609.05. The sole issue is whether defendant was denied a fair trial because he was jointly tried with two codefendants. We affirm.

The facts are undisputed. On December 3, 1971, at 6:30 p. m., three men forced their way into the home of Barnhard J. Rubel in Minneapolis and robbed the occupants at gunpoint. At the time, Mr. Rubel was 73 years of age, Mrs. Rubel...

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