State v. Grunau

Knutson, Chief Justice.

Defendant.was convicted by a jury of the crime of assault in the second degree. He appeals from an order of the district court denying a new trial or judgment notwithstanding the verdict, and from the judgment of conviction.

During the early morning of August 31, 1963, one of the state’s witnesses, James Wilson, upon returning to his home, noticed a man sitting in a parked car nearby. He went into his house, and later came out to meet a friend. He then noticed a second man get out of the car and walk between some houses and proceed to climb over a fence surrounding the…