State v. Bekkerus

SHERAN, Chief Justice.

This is a pretrial state’s appeal in a criminal case and a cross-appeal by the defendants. Defendants are charged with theft (by retention) of property valued at more than $2,500, Minn.Stat. § 609.52, subds. 2(1), 3(1), (1978). The charges stem from a warranted search of defendants’ home which resulted in the discovery of the stolen property. The issue raised by the state in its appeal pursuant to R. 29.03, subd. 1, R.Crim.P., is whether the district court erred in denying a pretrial motion by the prosecutor (a) that a defense witness be barred from testifying on the…