[Download] "State Ex Rel. Richard M. Barness v. County" by Supreme Court of Minnesota # eBook PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Richard M. Barness v. County
• Author : Supreme Court of Minnesota
• Release Date : January 11, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This case comes before us for the second time. 1 We previously granted the state's motion to quash appellant's writ of
error because he had failed to provide either the state or this court with copies of the transcript of the proceedings below
as required by our rules. 2 Appellant then petitioned the district court for a writ of error coram nobis. From the denial
of that petition this appeal was taken. A transcript of part of the testimony at the trial and a synopsis of the remainder of it has been prepared by the respondent
and made available to us. 3 From it it appears that about 9:30 in the morning of August 3, 1955, the Phoenix Budget Loan,
Inc., of Minneapolis was held up by two men and robbed of $458. Besides the two holdupmen only the manager and the cashier
of the company were on the premises. Neither of the holdupmen wore masks. Both were in the office for a sufficient length
of time and were sufficiently close to the manager and the cashier to allow them to positively identify the defendant and
one Charles Burde, not only from photographs but also in a police lineup and at the trial. Defendant's father and one Dahl
testified that defendant was at the former's barbershop in Fertile, Minnesota, and at the latter's nearby rabbit farm about
275 miles from the scene of the robbery about the time that it was committed. Defendant did not take the stand in his own
behalf although he was identified as the one who used the gun in the robbery. The jury returned a verdict of guilty of robbery
in the first degree and the defendant was sentenced to the state penitentiary for an indeterminate period under the Habitual
Criminal Act.

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