STATE v. ROBERTS

No. 43572.

208 N.W.2d 744 (1973)

STATE of Minnesota, Respondent, v. Billy Joe ROBERTS, a. k. a. William Emerson, Appellant.

Supreme Court of Minnesota.

June 15, 1973.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Philip Marron, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, George M. Scott, County Atty., Henry W. McCarr, Jr., Asst. County Atty., Minneapolis, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, PETERSON, and MacLAUGHLIN, JJ.


MacLAUGHLIN, Justice.

Defendant, Billy Joe Roberts, appeals from his conviction of aggravated assault with a dangerous weapon. Minn.St. 609.225, subd. 2. We reverse the judgment of conviction.

Defendant was accused of assaulting one George T. Clark in the early morning hours of June 19, 1971, in the Chestnut Tree restaurant in Minneapolis. Clark worked as a bouncer at Cassius Bar & Cafe in Minneapolis. He testified that he had had several disagreements...

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