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STATE v. ELLIS

No. 39136.

136 N.W.2d 384 (1965)

STATE of Minnesota, Respondent, v. Rudolph Kenneth ELLIS, Appellant.

Supreme Court of Minnesota.

Rehearing Denied August 6, 1965.

Attorney(s) appearing for the Case

Cochrane, Thomson & Bresnahan, St. Paul, for appellant.

Walter F. Mondale, Atty. Gen., J. Earl Cudd, Sol. Gen., Leland A. Olson, County Atty., Litchfield, for respondent.

THOMAS GALLAGHER, Justice.

Defendant was convicted of assault in the first degree as defined in Minn.St.1961, § 619.37,1 and one prior felony conviction. The verdict of guilty was returned on April 26, 1963. On April 27, 1963, he moved for judgment of acquittal or for a new trial. This is an appeal from an order of the district court dated May 27, 1963, denying that motion.

On appeal, defendant contends that (1) the evidence...

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