State v. Klashtorni

Upon Reargument.

Holt, J.

The defendant was convicted of the crime of robbery in the first degree. He appeals from the order denying his motion for a new trial.

The general statement of the facts may be found on a former appeal where a new trial was granted, 177 Minn. 303, 225 N. W. 278. There was a robbery of the First National Bank of Spring Valley on May 7, 1928. The important question was that of the identity of the defendant as one of the four men who participated. The evidence was held sufficient. A new trial was granted upon the ground that the state ivas in substance trying the defendant…