State v. Garrity

Nelson, Justice.

Defendant was convicted by a jury of the crime of theft by swindle in violation of Minn. St. 609.52 on November 30, 1965, and was sen tenced and committed to the custody of the commissioner of corrections for a period not to exceed 5 years. He appeals, seeking reversal of the judgment or a new trial.

The record indicates that at noon on Friday, August 13, 1965, Mrs. Mary Torgerson, a widow living in Austin, Minnesota, received a telephone call from a man who claimed to be a bank examiner from the First National Bank of Austin. He told Mrs. Torgerson that there was a discrepancy…