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STATE v. GRIFFIN

No. C4-93-888.

518 N.W.2d 1 (1994)

STATE of Minnesota, Respondent, v. Albert Lamont GRIFFIN, Petitioner, Appellant.

Supreme Court of Minnesota.

June 17, 1994.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Mark F. Anderson, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul and M. Katherine Doty, Asst. County Atty., Anoka County Government Center, Anoka, for respondent.

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

OPINION

KEITH, Chief Justice.

The decisive issue on this appeal by defendant, who was convicted of assault in the first degree, Minn.Stat. § 609.221 (assault involving infliction of great bodily harm), is whether the trial court properly refused a defense request that it submit the lesser-included offense of assault in the fifth degree, Minn. Stat. § 609.224 (simple assault). The court of appeals held that there was no error. State v. Griffin...

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