State v. Grey

ROGOSHESKE, Justice.

Defendant, Thomas M. Grey, appeals from his conviction, on trial by jury, of burglary using a tool, Minn.St. 609.58, subd. 2(l)(a), and theft, § 609.52, subd. 2(1), and from denial of a motion for judgment of acquittal n. o. v. or a new trial. His principal claim of reversible error is his absence from a pretrial suppression hearing at which oral testimony was introduced to establish the admissibility of inculpatory photographic evidence obtained by law enforcement officers at the time his home was searched for tools used in the alleged crime. Since we are persuaded that…