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STATE v. MAY

No. 49127.

271 N.W.2d 816 (1978)

STATE of Minnesota, Plaintiff, v. Stephen Claude MAY, Defendant.

Supreme Court of Minnesota.

October 13, 1978.

Attorney(s) appearing for the Case

Gerald C. Magee and Daniel Taber, Minneapolis, for defendant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Gary Hansen, Spec. Asst. Atty. Gen., William B. Randall, Co. Atty., St. Paul, for plaintiff.

Considered and decided by the court without oral argument.

PER CURIAM.

This is an appeal pursuant to Rule 29.02, subd. 4, Rules of Criminal Procedure, presenting for decision a question certified by the trial court as important or doubtful. The precise issue certified is whether a person who steals stamped cigarettes and then, without a subjobber's license, sells them to retailers may be prosecuted for the gross misdemeanor of engaging in the business of a subjobber without a license under Minn.St. 297.04, subd. 1, and 297...

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