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STATE v. COOLIDGE

No. 48025.

282 N.W.2d 511 (1979)

STATE of Minnesota, Respondent, v. Richard COOLIDGE, Appellant.

Supreme Court of Minnesota.

June 15, 1979.

Attorney(s) appearing for the Case

Thomson & Nordby and Jack S. Nordby, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Keith M. Brownell, County Atty., and John E. DeSanto, Asst. County Atty., Duluth, for respondent.

Heard before SHERAN, C. J., and KELLY and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

This is an appeal by defendant from a conviction on March 3, 1977, for committing sodomy upon a 16-year-old child, in violation of Minn.St.1976, § 609.293, subds. 1 and 4(3), as found by a jury in St. Louis County District Court. We affirm, but reduce the sentence to time served.

The issues presented on this appeal are:

1. Was Minn.St.1976, § 609.293, subd. 4, under which defendant was convicted, repealed by implication by...

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