State v. Gabler

Defendant was convicted of burglary with a tool following a trial by jury. Minn. St. 609.58, subd. 2(1) (a). He presents three issues on appeal to this court.

First, did the trial court err in admitting evidence alleged to have been seized from defendant. The error is based on defendant’s claim that the state did not comply with the requirements of State ex rel. Rasmussen v. Tahash, 272 Minn. 539, 141 N. W. 2d 3 (1965). At the time defendant pleaded not guilty, the state announced in open court that it intended to use evidence obtained as a result of search and seizure and admissions in the…