STATE v. UPTON

No. 51370.

306 N.W.2d 117 (1981)

STATE of Minnesota, Respondent, v. William Nathaniel UPTON, Appellant.

Supreme Court of Minnesota.

June 5, 1981.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Alan L. Mitchell, County Atty., and Mark S. Rubin, Asst. County Atty., Duluth, for respondent.

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


TODD, Justice.

Defendant was found guilty by a district court jury of a charge of assault with a dangerous weapon, Minn.Stat. § 609.225, subd. 2 (1978), and was sentenced by the trial court to a maximum 5-year prison term. On this appeal from judgment of conviction, defendant contends that (1) his conviction should be reversed outright on the ground that the evidence of his guilt was legally insufficient, or (2) he should be given a new trial on the ground that...

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