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State v. Mize

Supreme Court of Minnesota
Dec 1, 1972
202 N.W.2d 883 (Minn. 1972)

Opinion

No. 43499.

December 1, 1972.

Criminal law — conviction of receiving or concealing stolen property — sufficiency of evidence — admissibility of statements made to police.

Appeal by Roberta Ann Mize, also known as Roberta Ann Frederick, from a judgment of the Hennepin County District Court, Eugene Minenko, Judge, whereby she was convicted of receiving or concealing stolen property. Affirmed.

C. Paul Jones, State Public Defender, and Doris O. Huspeni, Assistant State Public Defender, for appellant.

Warren Spannaus, Attorney General, George M. Scott, County Attorney, and Henry W. McCarr, Jr., and David G. Roston, Assistant County Attorneys, for respondent.

Heard before Knutson, C. J., and Otis, Kelly, and Schultz, JJ.


Defendant, convicted of "receiving or concealing stolen property," Minn. St. 609.53, contends on this appeal from judgment of conviction that (1) the trial judge erred in denying her motion to suppress certain statements which she made in response to police questioning, and (2) there was insufficient evidence as a matter of law for the jury to conclude that she knew the property was stolen.

As to the first issue, it is clear that the questions asked by the police were in the ordinary course of their investigative work prior to their having reasonable grounds to believe that the defendant was the culprit. State v. Kinn, 288 Minn. 31, 35, 178 N.W.2d 888, 891 (1970).

As to the second issue, the record discloses ample evidence from which the jury might conclude that she knew the property was stolen.

Affirmed.


Summaries of

State v. Mize

Supreme Court of Minnesota
Dec 1, 1972
202 N.W.2d 883 (Minn. 1972)
Case details for

State v. Mize

Case Details

Full title:STATE v. ROBERTA ANN MIZE, ALSO KNOWN AS ROBERTA ANN FREDERICK

Court:Supreme Court of Minnesota

Date published: Dec 1, 1972

Citations

202 N.W.2d 883 (Minn. 1972)
202 N.W.2d 883

Citing Cases

State v. Martin

" (Italics supplied.) Accord, State v. Mize, 295 Minn. 519, 202 N.W.2d 883 (1972). In the present case,…