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VILLAGE OF NEW HOPE v. DUPLESSIE

No. 45306.

231 N.W.2d 548 (1975)

State of Minnesota, VILLAGE OF NEW HOPE, Respondent, v. Eric DUPLESSIE, Appellant.

Supreme Court of Minnesota.

June 27, 1975.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, William J. Mauzy, Asst. Hennepin County Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, William J. Corrick, New Hope City Atty., John W. Wood, Jr., Asst. City Atty., Robbinsdale, for respondent.

Heard before ROGOSHESKE, YETKA and SCOTT, JJ., and considered and decided by the court en banc.

YETKA, Justice.

Defendant appeals from a judgment of conviction of attempted theft in violation of New Hope Village Code, § 12.01, entered in Hennepin County Municipal Court. We reverse.

Following a plea of not guilty, defendant was tried without a jury. At trial, one Donald Berge testified on behalf of the prosecution and related the following observations:

On the night of February 19, 1974, Berge observed a light blue 1972 Ford automobile with...

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