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STATE v. BICKNESE

No. 50516.

285 N.W.2d 684 (1979)

STATE of Minnesota, Plaintiff-Respondent, v. Lloyd D. BICKNESE, Defendant-Appellant.

Supreme Court of Minnesota.

November 16, 1979.

Attorney(s) appearing for the Case

Elkins & Youngquist and Steven C. Youngquist, Rochester, for defendant-appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Richard D. Hodsdon, Sp. Asst. Atty. Gen., St. Paul, Dewayne P. Mattson, County Atty., and Raymond F. Schmitz, Asst. County Atty., Rochester, for plaintiff-respondent.

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

SHERAN, Chief Justice.

This is a prosecution of defendant for criminal sexual conduct in the second degree, Minn.Stat. § 609.343(a) (1978), specifically, for engaging in "sexual contact" with another person where the complainant is under 13 years of age and the actor is more than 36 months older. The district court has certified to this court for pretrial decision pursuant to R. 29.02, subd. 4, R.Crim.P., a question whether Minn.Stat. § 609.341, subd. 11...

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