DELL, CHIEF JUSTICE.
This is an appeal from a judgment of conviction and from an order denying defendant's motion for a new trial.
Shortly before midnight on April 15, 1952, the defendant and one Willard Cook left Marshall in Cook's automobile on an all-night trip which ended the following noon at the defendant's home in Minneota. On this trip they stopped at Wilno, Tyler, Russell, Arco,
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