STATE v. SPERL

No. 49991.

287 N.W.2d 923 (1979)

STATE of Minnesota, Respondent, v. Russell SPERL, Appellant.

Supreme Court of Minnesota.

December 21, 1979.


Attorney(s) appearing for the Case

Gislason, Dosland, Malecki, Gislason & Halvorson and Robert M. Halvorson, New Ulm, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Richard D. Hodsdon, Sp. Asst. Atty. Gen., St. Paul, R. T. Rodenberg, County Atty., and James R. Olson, Asst. County Atty., New Ulm, for respondent.

Considered and decided by the court en banc without oral argument.


YETKA, Justice.

Defendant, who was charged with felony theft (theft of more than $100), Minn.Stat. § 609.52, subd. 2(1), 3(2) (1974), was found guilty by a district court jury of the lesser-included offense of misdemeanor theft (theft of $100 or less), § 609.52, subd. 3(5). The trial court has stayed imposition of sentence pending the outcome of this appeal by defendant. Issues raised by defendant relate to the sufficiency of the evidence and the propriety...

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