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STATE v. GEBREMARIAM

No. C8-97-59.

590 N.W.2d 781 (1999)

STATE of Minnesota, Respondent, v. Michael GEBREMARIAM, petitioner, Appellant.

Supreme Court of Minnesota.

April 15, 1999.

Attorney(s) appearing for the Case

Michael C. Davis, Special Asst. State Public Defender, St. Paul, for appellant.

Michael A. Hatch, Minnesota Attorney General, Catherine M. Keane, Asst. Attorney General, St. Paul, Raymond F. Schmitz, Olmsted County Attorney, Rochester, for respondent.

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

OPINION

STRINGER, Justice.

In the early hours of New Year's Day 1995, an altercation occurred in a hot tub at the Ramada Inn in Rochester, Minnesota. Hostilities rapidly escalated to the point where appellant Michael Gebremariam threw beer bottles and liquor bottles at the victims, for which he was charged with second-degree assault with a dangerous weapon. At trial, the first and second sets of trial court instructions as to the charged offense were in...

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