STATE v. FELSON

No. 51314.

299 N.W.2d 918 (1980)

STATE of Minnesota, Respondent, v. William Robert FELSON, Appellant.

Supreme Court of Minnesota.

Rehearing Denied January 21, 1981.


Attorney(s) appearing for the Case

Kurzman & Manahan, Mary Wertz and Marc G. Kurzman, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, App. Section, Asst. County Atty., Thomas A. Weist and Paul H. Jung, Minneapolis, for respondent.

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


SHERAN, Chief Justice.

This is a pretrial appeal in a criminal prosecution charging defendant with simple possession of cocaine and possession of cocaine with intent to sell. The appeal was authorized by order of the district court certifying the issue of whether the nighttime execution of a search warrant at defendant's combined residence and place of business required suppression of the evidence seized in the search.

Rule 29.02, subd. 4, R.Crim.P., authorizes...

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