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STATE v. JONES

No. 51241.

304 N.W.2d 23 (1981)

STATE of Minnesota, Respondent, v. Edward S. JONES, Appellant.

Supreme Court of Minnesota.

March 27, 1981.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Robert J. Streitz, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Asst. County Atty., Thomas A. Weist and Anne E. Peek, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

TODD, Justice.

Defendant was charged in district court with assault in the first degree, Minn.Stat. § 609.221 (1980) (assault resulting in infliction of great bodily harm), but was found guilty by the jury of the lesser offense of assault in the second degree, Minn.Stat. § 609.222 (1980) (assault with a dangerous weapon). The trial court sentenced defendant to a maximum prison term of 5 years. The sole issue on this appeal from judgment of conviction is...

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