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STATE v. FINNERTY

Nos. 46275, 46276.

248 N.W.2d 729 (1976)

STATE of Minnesota, Appellant, v. Robert J. FINNERTY, Respondent. STATE of Minnesota, Appellant, v. Gerald A. FINNERTY, Respondent.

Supreme Court of Minnesota.

December 10, 1976.

Attorney(s) appearing for the Case

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

Thomson, Wylde & Norby and John R. Wylde, Jr., St. Paul, for Robert Finnerty.

Joseph S. Friedberg, St. Paul, for Gerald Finnerty.

Heard before KELLY, TODD and BREUNIG, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

These are appeals by the state from a pretrial order dismissing an information against two defendants. We reverse.

The information charges that defendants "did wrongfully and unlawfully and with intent that it [sic] shall be used for the purpose of gambling, offer for sale at 1916 University Avenue, St. Paul, Minnesota gambling devices, to-wit: punchboards." The statute indicated in the charge is...

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