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MATTER OF WELFARE OF D.D.S.

No. C5-86-413.

396 N.W.2d 831 (1986)

In the Matter of the WELFARE OF D.D.S.

Supreme Court of Minnesota.

December 12, 1986.

Attorney(s) appearing for the Case

William R. Kennedy, Warren R. Sagstuen, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Vernon F. Bergstrom, Paul R. Scoggin, Minneapolis, for respondent.

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

AMDAHL, Chief Justice.

D.D.S. was adjudicated delinquent based on a determination that he committed an act of theft from the person, Minn.Stat. § 609.52, subd. 3(3)(a) (1984).1 The determination that he committed an act of theft from the person was based on evidence that he took a radio that was not actually on the person of another but only in the other's presence. D.D.S. appealed to the Court of Appeals, claiming that the theft...

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