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STATE v. UNDERWOOD

No. 48752.

281 N.W.2d 337 (1979)

STATE of Minnesota, Respondent, v. Howard Daniel UNDERWOOD, Appellant.

Supreme Court of Minnesota.

May 11, 1979.

Attorney(s) appearing for the Case

Thomson & Nordby and Jack S. Nordby, Mark W. Peterson, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., and Jane Prohaska, Sp. Asst. Atty. Gen., St. Paul, Douglas L. Ruth, County Atty., Owatonna, for respondent.

Heard before ROGOSHESKE, KELLY and SCOTT, JJ., and considered and decided by the court en banc.

KELLY, Justice.

Defendant, Howard D. Underwood, a 49-year-old father of six, was charged with aggravated assault after shooting and seriously wounding 22-year-old Michael Herdina during a scuffle at the Serviceman's Club in Blooming Prairie, Minnesota. At his trial in Steele County, defendant freely admitted shooting Herdina but claimed that the shooting was justified as self-defense. The jury found defendant guilty as charged and he was sentenced to a term of imprisonment...

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