State v. Martin

Jeffrey Allen Martin was jointly charged and tried for the crimes of escape from custody, Minn.St. 609.485, and aggravated assault with a dangerous weapon, Minn.St. 609.225, subd. 2. A jury found defendant guilty of both crimes, but prior to sentencing, the escape charge was dismissed by the trial court for lack of sufficient proof. On this appeal we reverse and remand defendant’s conviction for the crime of aggravated assault with a dangerous weapon because of prosecutorial misconduct.

It is not necessary to detail the facts in this case since we conclude that a new trial is required.…