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STATE v. MOLIN

No. 49090.

288 N.W.2d 232 (1979)

STATE of Minnesota, Respondent, v. Nathaniel MOLIN, Appellant.

Supreme Court of Minnesota.

December 14, 1979.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Kathleen E. Rauenhorst, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief Asst. County Atty., Appellate Division, David W. Larson, Thomas A. Weist and Janeen E. Rosas, Asst. County Attys., Minneapolis, for respondent.

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

SHERAN, Chief Justice.

Defendant was found guilty by a district court jury of burglary, Minn.Stat. § 609.58, subd. 2(1)(b) (1976) (unlawful entry of a dwelling with intent to commit a crime where defendant possesses a dangerous weapon when entering or while in the building commits an assault upon a person therein) and criminal sexual conduct in the third degree, § 609.344(c, d) (1976) (engaging in sexual penetration without consent either by using force...

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