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STATE v. OLSON

No. 43820.

214 N.W.2d 777 (1974)

STATE of Minnesota, Respondent, v. Lawrence W. OLSON, Appellant.

Supreme Court of Minnesota.

January 25, 1974.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Robert W. Johnson, County Atty., Edward W. Bearse, Asst. County Atty., Anoka, for respondent.

Considered en banc without oral argument.

PER CURIAM.

This is an appeal from judgment of conviction of assault with a dangerous weapon without inflicting great bodily harm. Minn.St. 609.225, subd. 2. The defense at trial was that defendant was so intoxicated at the time of the alleged assault that he could not form the intent requisite to an assault.1 The trial court, which heard the case without a jury, rejected this defense, finding (a) that although defendant was intoxicated...

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