State v. Morrissey

Nelson, Justice.

Appeal from an order denying defendant’s motion to amend a sentence. This appeal is concerned with whether or not the terms of imprisonment imposed by two sentences by the same district court are to be served consecutively rather than concurrently.

Defendant was convicted of the felony of burglary in the third degree under Minn. St. 1957, § 621.10, for which he was sentenced on June 4, 1959, to a term of imprisonment not to exceed 5 years. After serving a portion of that term, he was paroled by proper authority, but while on parole he committed another felony, being charged…