STATE v. McGATH

No. C9-83-1680.

370 N.W.2d 882 (1985)

STATE of Minnesota, Respondent, v. Timothy Lee McGATH, Appellant.

Supreme Court of Minnesota.

July 12, 1985.


Attorney(s) appearing for the Case

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

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan L. Mitchell, St. Louis County Atty., John E. DeSanto and Mark S. Rubin, Asst. County Attys., Duluth, for respondent.

Heard, considered and decided by the court en banc.


COYNE, Justice.

Defendant Timothy McGath appealed to the court of appeals from judgment of conviction of assault in the second degree, Minn.Stat. § 609.222 (1984), on two grounds: (1) that the evidence was legally insufficient to support conviction, and (2) that the trial court erred by examining a sworn juror outside the presence of defendant and his counsel. The court of appeals reversed the conviction and remanded for a new trial, ruling that although the...

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