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STATE v. WYBIERALA

No. 45020.

235 N.W.2d 197 (1975)

STATE of Minnesota, Respondent, v. Richard Anthony WYBIERALA, Appellant.

Supreme Court of Minnesota.

October 10, 1975.

Attorney(s) appearing for the Case

John E. Daubney and Thomas J. Burke, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., William B. Randall, County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

Heard before SHERAN, C. J., and ROGOSHESKE, YETKA and CHANAK, JJ., and considered and decided by the court en banc.

SHERAN, Chief Justice.

Appeal from a judgment of conviction for theft in violation of Minn.St. 609.52, subd. 2. We affirm.

Defendant operates two businesses at Clark and Whitall Streets in St. Paul. One, called Metro Refuse, Inc., is licensed to engage in refuse collection at 400 Whitall; the other, Poor Richard's Inc., is licensed to run what is termed a "junk" business or "secondhand" business at 820 Clark. There is a common entranceway at 400 Whitall. Although...

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