STATE v. STEPHENSON

No. 45535.

245 N.W.2d 621 (1976)

STATE of Minnesota, Respondent, v. Charles STEPHENSON, Appellant.

Supreme Court of Minnesota.

September 3, 1976.


Attorney(s) appearing for the Case

Joseph S. Friedberg and William J. Mauzy, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, David W. Larson and Phoebe Haugen, Asst. County Attys., and Lee Barry, Law Clerk, Minneapolis, for respondent.

Heard before ROGOSHESKE, MacLAUGHLIN, and MARSDEN, JJ., and considered and decided by the court en banc.


MacLAUGHLIN, Justice.

The defendant, Charles Stephenson, was found guilty of receiving stolen goods. He appeals from the judgment of conviction on the ground that the trial court at the Rasmussen hearing improperly denied his motion to suppress evidence which defendant claims was seized at night pursuant to a search warrant which did not authorize nighttime execution.

On April 9, 1974, Minneapolis police officers Thomas Billings and James Arwick executed a...

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