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STATE v. GANT

No. 51724.

305 N.W.2d 790 (1981)

STATE of Minnesota, Respondent, v. Norman C. GANT, Appellant.

Supreme Court of Minnesota.

May 22, 1981.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Michael McGlennen, Asst. County Attys. and Thomas A. Weist, Minneapolis, for respondent.

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

PETERSON, Justice.

Defendant was found guilty by a district court jury of charges of burglary, Minn. Stat. § 609.58, subd. 2(1)(b) (1980) (burglary of dwelling accompanied by commission of an assault upon a person present therein), and criminal sexual conduct in the first degree, Minn.Stat. § 609.342(c) (1980) (sexual penetration of complainant who reasonably fears great bodily harm to herself or another). The trial court, over objection by defense counsel...

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