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STATE v. ALT

No. C3-90-2651.

469 N.W.2d 732 (1991)

STATE of Minnesota, Appellant, v. Daryl Duane ALT, Respondent.

Court of Appeals of Minnesota.

May 21, 1991.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Raymond F. Schmitz, Olmsted County Atty., Debra A. Jacobson, Asst. County Atty., Rochester, for appellant.

Kevin A. Lund, Patterson-Restovich-Lund Law Office, Rochester, for respondent.

Considered and decided by AMUNDSON, P.J., and HUSPENI and RANDALL, JJ.

OPINION

RANDALL, Judge.

The state appeals from a pretrial order suppressing evidence seized pursuant to a search warrant executed at night. We affirm.

FACTS

Respondent Daryl Alt is charged with first-degree criminal sexual conduct, first-degree assault and attempted murder allegedly committed on the night of August 15-16, 1990. Suspicion focused on Alt, and, after consent to search was denied...

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