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STATE v. LIVINGSTON

No. C4-87-834.

420 N.W.2d 223 (1988)

STATE of Minnesota, Respondent, v. Robert Joseph LIVINGSTON, Appellant.

Court of Appeals of Minnesota.

March 1, 1988.

Attorney(s) appearing for the Case

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

William R. Kennedy, Hennepin Co. Public Defender, John J. Ryan, III, Asst. Public Defender, Minneapolis, for appellant.

Heard, considered and decided by NORTON, P.J., and LOMMEN and IVERSON, JJ.

OPINION

NORTON, Judge.

This is an appeal from a judgment of conviction of one count of assault in the first degree in violation of Minn.Stat. § 609.221 and three counts of second degree assault under Minn.Stat. § 609.222 after a jury trial.

FACTS

This case arises out of several attacks by a Pit Bull Terrier. The victims' account of the case is as follows. On the evening of September 8, 1986, Edward Eckblad, Michael Perez and Gary...

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