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STATE v. McMORRIS

No. C4-84-1306.

373 N.W.2d 593 (1985)

STATE of Minnesota, Respondent, v. Eligha McMORRIS, Appellant.

Supreme Court of Minnesota.

August 30, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Minnesota Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., Minneapolis, for appellant.

Vance O. Bushay, Minneapolis, for respondent.

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

AMDAHL, Chief Justice.

This is a petition by the state for review of a decision of the Court of Appeals, 367 N.W.2d 664, reversing the conviction of Eligha McMorris of second-degree assault, Minn.Stat. § 609.222 (1984), and granting him a new trial. The Court of Appeals granted the new trial on the ground that the trial court erred in the manner in which it responded to a question by jurors during their deliberations. We grant...

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