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STATE v. MARTIN

No. 46406.

256 N.W.2d 85 (1977)

STATE of Minnesota, Respondent, v. Jeffrey Allen MARTIN, Appellant.

Supreme Court of Minnesota.

June 24, 1977.

Attorney(s) appearing for the Case

Thomson Wylde & Nordby and Jack S. Nordby, St. Paul, Joseph S. Friedberg, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Richard G. Mark, Asst. Atty. Gen., Edward M. Laine, Sp. Asst. Atty. Gen., St. Paul, Helen Hill Blanz, County Atty., Grand Rapids, for respondent.

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

PER CURIAM.

Jeffrey Allen Martin was jointly charged and tried for the crimes of escape from custody, Minn.St. 609.485, and aggravated assault with a dangerous weapon, Minn.St. 609.225, subd. 2. A jury found defendant guilty of both crimes, but prior to sentencing, the escape charge was dismissed by the trial court for lack of sufficient proof. On this appeal we reverse and remand defendant's conviction for the crime of...

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