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STATE v. BEKKERUS

Nos. 51522, 51523.

297 N.W.2d 136 (1980)

STATE of Minnesota, Appellant, v. Julian Loren BEKKERUS, Respondent. STATE of Minnesota, Appellant, v. Joyce Margaret BEKKERUS, Respondent.

Supreme Court of Minnesota.

August 27, 1980.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas W. Foley, County Atty., St. Paul, for appellant.

Gerald Freeman, Minneapolis, for respondents.

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

SHERAN, Chief Justice.

This is a pretrial state's appeal in a criminal case and a cross-appeal by the defendants. Defendants are charged with theft (by retention) of property valued at more than $2,500, Minn.Stat. § 609.52, subds. 2(1), 3(1), (1978). The charges stem from a warranted search of defendants' home which resulted in the discovery of the stolen property. The issue raised by the state in its appeal pursuant to R. 29.03, subd. 1, R.Crim.P., is whether...

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