STATE v. WENBERG

No. 49880.

289 N.W.2d 503 (1980)

STATE of Minnesota, Respondent, v. Guy Phillip WENBERG, Appellant.

Supreme Court of Minnesota.

March 7, 1980.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Kathleen K. Rauenhorst, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas W. Foley, County Atty., and Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

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


ROGOSHESKE, Justice.

Defendant was found guilty by a district court jury on a charge of burglary, Minn. Stat. § 609.58, subd. 2(3) (1978), and was sentenced by the trial court to a maximum term of 5 years in prison. On this appeal from judgment of conviction, defendant contends that (1) his conviction should be reversed outright because the evidence on the issue of identification was legally insufficient or (2) he should at least be granted a new trial because...

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