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STATE v. HENDERSON

No. 42492.

185 N.W.2d 892 (1971)

STATE of Minnesota, Respondent, v. Terrence LeRoy HENDERSON, Appellant.

Supreme Court of Minnesota.

March 19, 1971.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Roberta K. Levy, and Doris O. Huspeni, Asst. Public Defenders, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, George M. Scott, County Atty., David Roston, Asst. County Atty., Minneapolis, for respondent.

Heard before KNUTSON, C. J., and MURPHY, OTIS, ROGOSHESKE, and ODDEN, JJ.

OPINION

ROGOSHESKE, Justice.

Appeal from a conviction for aggravated assault in violation of Minn.St.1967, § 609.225, subd. 2,1 and from an order denying defendant's motion for a new trial.

Defendant, aged 17, was charged with assaulting Douglas Roderick, aged 20, in a Plymouth Avenue bus on May 16, 1969, with a switchblade knife "but without intent to inflict great bodily harm, by then and there cutting the [victim...

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