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STATE v. CLEMENT

No. 47949.

277 N.W.2d 411 (1979)

STATE of Minnesota, Respondent, v. Ludger Vance CLEMENT, Appellant.

Supreme Court of Minnesota.

March 30, 1979.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Kathy A. King, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Norman B. Coleman, Jr., Sp. Asst. Atty. Gen., St. Paul, Douglas W. Cann, County Atty., and Alfred Zdrazil, Asst. County Atty., Bemedji, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

Defendant was found guilty by a district court jury of a charge of illegal possession of a disabling chemical (tear gas), Minn.St. 624.73, subds. 1 and 2, and was sentenced by the trial court to a maximum term of 1 year in jail, execution of which was stayed for a year, and a fine of $750. On this appeal from judgment of conviction defendant contends that it was a violation of § 609.035 and/or the double jeopardy clause of the Federal Constitution...

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