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eBook details

• Title: State v. Lawrence W. Olson
• Author : Supreme Court of Minnesota
• Release Date : January 25, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

This is an appeal from judgment of conviction of assault with a dangerous weapon without inflicting great bodily harm. Minn. St. 609.225, subd. 2. The defense at trial was that defendant was so intoxicated at the time of the alleged assault that he could not form the intent requisite to an assault. The trial court, which heard the case without a jury, rejected this defense, finding (a) that although defendant was intoxicated at the time of the alleged assault his intoxication was not such as to negate intent, and (b) that in fact he had intended to "cause fear in another of immediate bodily harm or death." Minn. St. 609.22(1). Now, on appeal, defendant contends that the evidence was, as a matter of law, insufficient on the issue of intent and that the trial court could not reasonably find as it did. We reject these contentions and affirm the judgment below.

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