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STATE v. STRONG

No. 51015.

294 N.W.2d 319 (1980)

STATE of Minnesota, Plaintiff, v. Marcus Sidney STRONG, Defendant.

Supreme Court of Minnesota.

June 12, 1980.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, Robert W. Kelly, County Atty., and William F. Klumpp, Jr., Asst. County Atty., Stillwater, for plaintiff.

C. Paul Jones, Public Defender, and Mollie G. Raskind, Asst. Public Defender, Minneapolis, Gary Schurrer, Asst. Dist. Public Defender, Stillwater, for respondent.

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

SHERAN, Chief Justice.

This is a pretrial criminal appeal in a prosecution of defendant in district court for wilfully and intentionally taking contraband with him into the state prison in Stillwater in violation of Minn.Stat. § 243.55 (Supp.1979).1 The district court has denied the state's motion pursuant to R. 17.04, R.Crim.P., to strike from the complaint as surplusage the words "wilfully" and "intentionally." However, the court...

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