State v. Graham

OPINION

HUSPENI, Judge.

The State appeals dismissal of a charge of assault in the second degree, assault with a dangerous weapon. The trial court ruled that the definition of dangerous weapon in Minn.Stat. § 609.02, subd. 6 (1982), was unconstitutional because it was vague and diluted the State’s burden of proof. We reverse and remand for trial.

FACTS

On March 7, 1984 respondent Thomas Elmer Graham allegedly struck Suzanne Olson on the face, legs, and arms with a four-foot metal floor lamp with a large metal base. They had shared living quarters intermittently for approximately two years. The…