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CITY OF ST. PAUL v. MUELLER

No. 45842.

241 N.W.2d 487 (1976)

CITY OF ST. PAUL, Respondent, v. August MUELLER, Appellant.

Supreme Court of Minnesota.

April 23, 1976.

Attorney(s) appearing for the Case

John E. Daubney, St. Paul, for appellant.

Pierre N. Regnier, City Atty., Thomas R. Hughes and John Paul Martin, Asst. City Attys., St. Paul, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

Defendant was charged with petty theft in violation of St. Paul Legislative Code, § 426.01, and, after being convicted in municipal court, appealed to Ramsey County District Court where he received a trial de novo without a jury. On appeal from judgment of conviction entered in district court, defendant contends that there was insufficient evidence of guilt and that there was a fatal variance between the allegations in the complaint and the proof...

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