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STATE v. SMITH

Nos. 51737, 51738.

313 N.W.2d 429 (1981)

STATE of Minnesota, Respondent, v. Darrell Wayne SMITH and Clifford Harley Kittelson, Appellants.

Supreme Court of Minnesota.

December 17, 1981.

Attorney(s) appearing for the Case

Ryan, Ryan, Ruttger & Drake and Criston L. Drake, Brainerd, for appellants.

Warren Spannaus, Atty. Gen., Gary Hansen and Norman B. Coleman, Jr., Sp. Asst. Attys. Gen., St. Paul, John R. Leitner, County Atty., Aitkin, for respondent.

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

TODD, Justice.

Defendants each were found guilty by a district court jury of the gross misdemeanor offense of illegally possessing a firearm while shining a light upon a field for the purpose of spotting a wild animal, Minn. Stat. §§ 100.29, subd. 10, and 97.55, subd. 9 (1978). Their sentences, which included time in jail, apparently have been suspended pending this appeal, which raises issues concerning the sufficiency of the evidence and alleged errors...

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