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STATE v. BROTEN

No. C1-82-853.

341 N.W.2d 279 (1983)

STATE of Minnesota, Respondent, v. Gordon Melvin Gale BROTEN, Jr., Appellant.

Supreme Court of Minnesota.

December 16, 1983.

Attorney(s) appearing for the Case

Dennis J. Murphy, Thief River Falls, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Jerry S. Anderson, Richard D. Hodson, Sp. Asst. Attys. Gen., St. Paul, Martin Berg, Roseau County Atty., Roseau, for respondent.

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

KELLEY, Justice.

Defendant was found guilty by a district court jury of charges of burglary and theft, Minn.Stat. §§ 609.58, subd. 2, and 609.52, subd. 2(1) (1982). Those charges were based on defendant's role in the burglary of a Roseau store on April 5, 1980. The trial court sentenced defendant to a year and a day in prison but stayed execution of the sentence. On this appeal defendant raises issues relating to the adequacy of the complaint, alleged misconduct...

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