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STATE v. CHRYST

No. 81-1064.

320 N.W.2d 721 (1982)

STATE of Minnesota, Plaintiff, v. Gerald A. CHRYST and James Fagerstrom, et al., Defendants.

Supreme Court of Minnesota.

June 14, 1982.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., and Gary Hansen, Sp. Asst. Atty. Gen., St. Paul, for plaintiff.

Charles W. Rogers, Brooklyn Park, for Alexander.

Mary Ellen McGinnes, St. Paul, for Barbieri.

Richard D. Genty, Winsted, for Bergmann.

Stephen W. Walburg, Shakopee, for Bothun.

Phillip S. Resnick, Minneapolis, for Corey.

Ragnhild Westby, St. Paul, for David Ekstrum.

Karen Garvin, St. Paul, for Michael Ekstrum.

Patrick J. O'Meara, St. Louis Park, for Hall.

Aurelio P. Nardi, St. Paul, for Halling.

James Hunter, Minneapolis, for Hofstadter.

Mark S. Wernick, Minneapolis, for Rosbach.

Thomas J. O'Connor, Minneapolis, for Spasov.

Irving Nemerov, Minneapolis, for Thomas.

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

TODD, Justice.

Defendants are being prosecuted in district court on charges of felony theft by swindle for fraudulently selling motor vehicles after altering the odometer readings on those vehicles. Minn.Stat. § 609.52, subd. 2(4) (1980). The trial court denied defendant's motion to dismiss but, acting pursuant to Minn.R.Crim.P. 29.02, subd. 4, certified the matter to this court as raising an important and doubtful...

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