STATE v. McDONALD

No. C9-82-1586.

346 N.W.2d 351 (1984)

STATE of Minnesota, Respondent, v. Timothy McDONALD, Appellant.

Supreme Court of Minnesota.

April 6, 1984.


Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert F. Carolan, Dakota County Atty., Hastings, for respondent.

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


SCOTT, Justice.

Defendant, who waived his right to a jury trial, was found guilty by the district court of a charge of burglary with tool, Minn.Stat. § 609.58, subd. 2(1)(a) (1982), and was sentenced to 25 months in prison. On this appeal from judgment of conviction defendant contends that his conviction should be reversed outright on the ground that the evidence that a burglary was committed was legally insufficient; alternatively, he seeks a new trial on the...

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