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STATE v. BIEHOFFER

Nos. 38,202, 38,203.

269 Minn. 35 (1964)

129 N.W. (2d) 918

STATE v. JOHN C. BIEHOFFER.

Supreme Court of Minnesota.

July 31, 1964.

Attorney(s) appearing for the Case

Harry P. Strong, Jr., for appellant.

Walter F. Mondale, Attorney General, Charles E. Houston, Special Assistant Attorney General, and Herbert J. Cook, County Attorney, for respondent.

SHERAN, JUSTICE.

Appeals from an order of the district court denying defendant's motion for a new trial.

On March 14, 1959, at about 1:30 a.m., men were observed entering the Eagles Club in Northfield, Minnesota, through a second-story window. The cash register was rifled. The police came but apprehension was evaded. Separate informations were filed, one charging defendant with burglary based on the entry and the other charging him with larceny based on the...

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