STATE v. MARBURGER

No. 49138.

299 N.W.2d 503 (1980)

STATE of Minnesota, Respondent, v. Donald MARBURGER, Appellant.

Supreme Court of Minnesota.

November 28, 1980.


Attorney(s) appearing for the Case

Meshbesher, Singer & Spence, Ronald I. Meshbesher, and Carol Grant, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary Hansen and Kenneth W. Saffold, Sp. Asst. Attys. Gen., St. Paul, Sonya Steven, County Atty., Grand Rapids, for respondent.

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


SHERAN, Chief Justice.

Defendant was found guilty by a district court jury of a charge of theft of electricity valued at more than $100, Minn.Stat. § 609.52, subds. 2(4), 3(2) and 3(5) (1976) (theft of any tangible property, which includes electricity, by swindling, whether by artifice, trick, device, or other means). After denying a motion for a new trial, the trial court stayed imposition of sentence, placed defendant on probation for 5 years, directed that...

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