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STATE v. STEWART

No. C5-84-1346.

360 N.W.2d 430 (1985)

STATE of Minnesota, Respondent, v. Daniel Lee STEWART, Appellant.

Court of Appeals of Minnesota.

January 8, 1985.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, Ann L. Carrott, Douglas Co. Atty., Alexandria, for respondent.

Considered and decided by POPOVICH, C.J., and RANDALL and CRIPPEN, JJ., with oral argument waived.

SUMMARY OPINION

CRIPPEN, Judge.

FACTS

Appellant Daniel Stewart was convicted by a jury of burglary in the third degree in violation of Minn.Stat. § 609.582, subd. 3 (Supp.1983) for entering the Bursch Travel Agency in downtown Alexandria with the intent to commit theft. Fred Bursch, the owner of the travel agency, stopped by his office at about 10:30 p.m. on September 1, 1983, and discovered it...

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