State v. Swenson

Otis, Justice.

Defendant appeals from a conviction for aggravated robbery under Minn. St. 609.245 and 609.05. The sole issue is whether defendant was denied a fair trial because he was jointly tried with two codefendants. We affirm.

The facts are undisputed. On December 3, 1971, at 6:30 p.m., three men forced their way into the home of Barnhard J. Rubel in Minneapolis and robbed the occupants at gunpoint. At the time, Mr. Rubel ivas 73 years of age, Mrs. Rubel 63, and Mrs. Rubel’s sisters, Mrs. Marks and Mrs. Krause, 69 and 64. The Rubels’ son, Alan, arrived when the robbery was in progress.…