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STATE v. DUBAK

No. 41688.

177 N.W.2d 416 (1970)

STATE of Minnesota, Respondent, v. Dennis R. DUBAK, Appellant.

Supreme Court of Minnesota.

May 8, 1970.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Roberta K. Levy and Rosalie E. Wahl, Asst. Public Defenders, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., St. Paul, Robert W. Johnson, County Atty., Gerard W. Snell, Asst. County Atty., Anoka, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

SHERAN, Justice.

Appeal from a judgment of conviction of both counts of an information charging two instances of sexual intercourse with a child in violation of Minn.St. 609.295. Upon the appeal, it is contended that the judgment of conviction should be reversed because:

(1) The defendant was deprived of due process of law by reason of (a) a police "lineup" occurring February 19, 1968, and (b) the use at trial of identification testimony...

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