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STATE v. GEGENFURTNER

No. 46160.

251 N.W.2d 694 (1977)

STATE of Minnesota, Respondent, v. Jon Michael GEGENFURTNER, Appellant.

Supreme Court of Minnesota.

March 4, 1977.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Gregory A. Gaut, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Keith M. Brownell, County Atty. and John E. DeSanto, Asst. County Atty., Duluth, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

Defendant was found guilty by a district court jury of unauthorized use of a motor vehicle, Minn.St. 609.55, subd. 2,1 and was sentenced to a maximum term of 3 years in prison. Appealing from the judgment of conviction, defendant contends that there was as a matter of law insufficient evidence of guilt and that the trial court erred in failing to submit the included offense of riding in a motor vehicle driven by another without...

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