STATE v. GIEBENHAIN

No. C4-85-103.

374 N.W.2d 573 (1985)

STATE of Minnesota, Respondent, v. Kevin R. GIEBENHAIN, Appellant.

Court of Appeals of Minnesota.

October 1, 1985.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul Kempainen, Asst. Atty. Gen., St. Paul, Earle T. Anderson, Jr., Golden Valley, for respondent.

Phillip G. Villaume, James LaFave, Phillip G. Villaume & Assoc., St. Paul, for appellant.

Heard, considered and decided by SEDGWICK, P.J., and LESLIE and NIERENGARTEN, JJ.


OPINION

LESLIE, Judge.

On January 7, 1984, at approximately 2:20 a.m., Robert Hallick and Larry Robberstad, two volunteer firemen, were walking in a parking lot to the south of the fire hall in Maple Grove. As the two walked, they heard "a loud banging noise" coming from the vicinity of a grocery store across the parking lot from the fire hall. Thinking that someone was breaking into the store, Hallick returned to the fire station to contact the police....

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