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STATE v. GRAHAM

No. C4-84-1905.

366 N.W.2d 335 (1985)

STATE of Minnesota, Appellant, v. Thomas Elmer GRAHAM, Respondent.

Court of Appeals of Minnesota.

April 16, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Thomas Johnson, Hennepin County Atty., Paul R. Jennings, Asst. County Atty., Minneapolis, for appellant.

Rick E. Mattox, Asst. Public Defender, Minneapolis, for respondent.

Heard, considered, and decided by HUSPENI, P.J., and FOLEY and WOZNIAK, JJ.

OPINION

HUSPENI, Judge.

The State appeals dismissal of a charge of assault in the second degree, assault with a dangerous weapon. The trial court ruled that the definition of dangerous weapon in Minn.Stat. § 609.02, subd. 6 (1982), was unconstitutional because it was vague and diluted the State's burden of proof. We reverse and remand for trial.

FACTS

On March 7, 1984 respondent Thomas Elmer Graham allegedly struck Suzanne Olson on...

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