STATE v. YANT

No. C5-84-2206.

376 N.W.2d 487 (1985)

STATE of Minnesota, Respondent, v. George YANT, Appellant.

Court of Appeals of Minnesota.

Review Denied January 17, 1986.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, State Atty. Gen., Robert A. Stanich, Asst. Atty. Gen., St. Paul, Thomas J. Keyes, Beltrami County Atty., Bemidji, for respondent.

Kenneth Meshbesher, Andrew S. Birrell, John P. Sheehy, Minneapolis, for appellant.

Heard, considered and decided by FOLEY, P.J., and FORSBERG and NIERENGARTEN, JJ.


OPINION

FOLEY, Judge.

George Yant appeals from the trial court's denial of his motion for a mistrial or new trial because of jury misconduct, failure to instruct on fifth-degree assault and alleged incompetence of counsel. Appellant does not challenge the sufficiency of the evidence to sustain conviction. Appellant was convicted and sentenced on two counts of second-degree assault. There were two victims of the assault which occurred simultaneously as part...

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