State v. Dienger

Murphy, Justice.

Appeal from judgment of conviction of the offense of burglary contrary to Minn. St. 609.58, subd. 2(3). Defendant contends that the trial court erred in receiving secondary evidence contrary to the best-evidence rule and that the evidence was insufficient as a matter of law to sustain the verdict.

From the record it appears that a police officer observed defendant, Leonard Dienger, throw a brick through the window of an abandoned house in downtown Winona at approximately 2:15 a. m. on January 13, 1968. Defendant fled and was pursued by the officer, who was later joined by…