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STATE v. BIRD

No. 50085.

285 N.W.2d 481 (1979)

STATE of Minnesota, Plaintiff, v. Leon BIRD a.k.a. Lee Allen and James Herlofsky, Defendants.

Supreme Court of Minnesota.

Rehearing Denied November 29, 1979.

Attorney(s) appearing for the Case

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

Lawrence G. Rapoport, Minneapolis, for Herlofsky.

John R. Wylde, Minneapolis, for Bird.

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

SHERAN, Chief Justice.

This is a prosecution of defendants for attempted theft, attempted receipt of stolen property, conspiracy to commit theft, and conspiracy to receive stolen goods, Minn.Stat. §§ 609.17, 609.175, 609.52, subds. 2(1) and 3(2), and 609.53, subd. 1(1) (1978). The district court has certified to this court for pretrial decision pursuant to R. 29.02, subd. 4, R.Crim.P., the question whether the defense of legal impossibility applies in these...

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