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STATE v. SEEFELDT

No. 49746.

292 N.W.2d 558 (1980)

STATE of Minnesota, Respondent, v. Robert Carl SEEFELDT, Appellant.

Supreme Court of Minnesota.

May 2, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Robert D. Goodell, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., and John H. Daniels, Jr., Sp. Asst. Atty. Gen., St. Paul, Jerome A. Schreiber, County Atty., Lake City, for respondent.

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

ROGOSHESKE, Justice.

Defendant, found guilty by a district court jury of assault with a dangerous weapon, Minn.Stat. § 609.225, subd. 2 (1978), and sentenced by the trial court to a maximum prison term of 5 years, appeals from the judgment of conviction. He contends that (1) the trial court erroneously denied a motion to suppress identification testimony which was the fruit of an unlawful misdemeanor arrest, (2) he was prejudiced by the brief presence in the...

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