State v. Falcone

Rogosheske, Justice.

The defendant, having executed a written waiver of immunity from self-incrimination, testified before a grand jury which subsequently indicted him on several charges, including one count for theft of $150 in violation of Minn. St. 609.52, subd. 2(3). Defendant was acquitted on all counts except the count for theft of $150, on which he was found guilty.

At defendant’s trial, the assistant county attorney, who had been present during defendant’s appearances before the grand jury, was permitted to testify as to defendant’s inculpatory admissions before the grand jury. The…