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STATE v. SPENCER

No. 46285.

248 N.W.2d 915 (1976)

STATE of Minnesota, Respondent, v. Wayne SPENCER, Appellant.

Supreme Court of Minnesota.

December 3, 1976.

Attorney(s) appearing for the Case

Connolly & Heffernan, John S. Connolly and Thomas J. Barrett, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, Phoebe Haugen and David W. Larson, Asst. County Attys., Lee Barry, Law Clerk, Minneapolis, for respondent.

Heard before TODD, MacLAUGHLIN and YETKA, JJ., and considered and decided by the court en banc.

MacLAUGHLIN, Justice.

Defendant, Wayne Edward Spencer, was found guilty by a jury of aggravated assault with a dangerous weapon and was sentenced to 3 to 5 years in the State Prison. The defendant has appealed the judgment of conviction on the following grounds: (1) That the trial court improperly denied defendant's motions to grant testimonial immunity to state witnesses who asserted the Fifth Amendment privilege on cross-examination or, in the alternative, to strike...

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