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STATE v. PETERSON

No. C9-87-36.

411 N.W.2d 518 (1987)

STATE of Minnesota, Respondent, v. Bruce C. PETERSON, Appellant.

Court of Appeals of Minnesota.

Review Denied October 21, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, Michael Richardson, Asst. Co. Atty., Minneapolis, for respondent.

C. Paul Jones, State Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by NIERENGARTEN, P.J., and FOLEY and RANDALL, JJ., with oral argument waived.

OPINION

RANDALL, Judge.

Bruce Peterson appeals his conviction by a jury of second degree assault, Minn.Stat. §§ 609.222 and 609.11 (1984 & Supp.1985). We affirm.

FACTS

This is an assault case. Appellant's father, Leroy Peterson, died of a stroke at the end of August 1985. Appellant's older sister, Valarie Montez, stayed at Leroy Peterson's home while she was in Minnesota for the funeral. During this time, appellant tried,...

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