State v. Ruffin

Murphy, Justice.

This is an appeal from a judgment of conviction. Defendant asks for a reversal or new trial on the grounds that Minn. St. 609.52, subd. 2(4), which proscribes theft by swindling, is unconstitutionally vague and uncertain; that the verdict is not supported by the evidence; and that the court erred in failing to give adequate instructions to the jury concerning the elements of the offense charged.

The facts out of which the prosecution arose are not in dispute. On the morning of September 23, 1966, Robert Spandel, 17 years of age, left the West Broadway Branch of the First…