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STATE v. BLANK

No. C1-84-16.

352 N.W.2d 91 (1984)

STATE of Minnesota, Respondent, v. Robert Henry BLANK, Appellant.

Court of Appeals of Minnesota.

July 31, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, State Atty. Gen., Julius Gernes, Winona County Atty., Alan F. Pendleton, Asst. Winona County Atty., Winona, for respondent.

Ross Phelps, James R. Koby, La Crescent, for appellant.

Heard, considered, and decided by FOLEY, P.J., and SEDGWICK and RANDALL, JJ.

OPINION

FOLEY, Judge.

A Winona County District Court jury found defendant Robert Blank guilty of assault in the fifth degree in violation of Minn.Stat. § 609.05 (1982). Sentence was stayed pending this appeal. Defendant appeals the trial court's decision to exclude testimony about offensive comments made by the victim before the assault after allowing the attorneys to refer to these comments during opening statements to the jury. We reverse.

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