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STATE v. MANLEY

No. C9-83-1517.

353 N.W.2d 649 (1984)

STATE of Minnesota, Respondent v. Steven Scott MANLEY, Appellant,

Court of Appeals of Minnesota.

August 21, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., State of Minnesota, St. Paul, Richard L. Ronning, Willmar, for respondent.

Robert D. Stoneburner, Paynesville, for appellant.

Heard, considered and decided by POPOVICH, C.J., and HUSPENI, and NIERENGARTEN, JJ.

OPINION

POPOVICH, Chief Judge.

This is an appeal from the trial court's order denying defendant-appellant's post-trial motion for a judgment of acquittal or a new trial. A jury found appellant guilty of speeding in violation of Minn.Stat. § 169.14, subd. 5 (1982).

The original complaint, however, charged appellant with violation of Minn.Stat. § 169.14, subd. 2 (1982). On the second day of trial, after the state had rested its case, appellant...

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