State v. Kemp

Rogosheske, Justice.

Defendant’s appeal from a judgment of conviction for robbery in the first degree and from an order denying a motion for a new trial based upon newly discovered evidence presents the question of whether defendant was denied a fair trial because of procedural and evidentiary deficiencies appearing in the record before us.

The record conclusively shows that Dave Goldberg, a managing partner of a shoe repair and shoeshine establishment known as Dave’s Shoe Repair in Minneapolis, was severely beaten and robbed of about $600 between 7 and 8 p. m. on April 28, 1962.

Mr. Goldberg’s…