STATE v. MICHAELOFF

No. 82-141.

324 N.W.2d 926 (1982)

STATE of Minnesota, Respondent, v. Marie K. MICHAELOFF, Appellant.

Supreme Court of Minnesota.

October 15, 1982.


Attorney(s) appearing for the Case

Randall D. B. Tigue, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Tom Foley, County Atty., and Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

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


KELLEY, Justice.

Defendant was charged in district court with two counts of felony theft, one for taking and one for retaining three sweaters and one fur jacket from two stores at a suburban Twin Cities shopping center. Defendant waived a jury trial. At the conclusion of the state's case-in-chief the trial court ruled that the state had failed to prove that defendant took the jacket and ruled that therefore, without the references to the jacket in the complaint, the...

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