STATE v. ENGLER

No. 81-1143.

319 N.W.2d 705 (1982)

STATE of Minnesota, Respondent, v. Gary Allen ENGLER, Appellant.

Supreme Court of Minnesota.

May 28, 1982.


Attorney(s) appearing for the Case

Elvera M. Erickson, G. D. Tallard, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen and Norman B. Coleman, Jr., Sp. Asst. Attys. Gen., St. Paul, James R. Clifford, County Atty., Center City, for respondent.

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


OTIS, Justice.

Defendant was found guilty by a district court jury of a charge of assault in the second degree, Minn.Stat. § 609.222 (1980) (assault with a dangerous weapon), and was sentenced by the trial court to 18 months in prison, a sentence which the trial court stayed pending this appeal. On this appeal defendant seeks a new trial on the basis of alleged misconduct by the prosecutor in his opening statement and alleged error by the trial court in failing...

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