State v. Blank

OPINION

FOLEY, Judge.

A Winona County District Court jury found defendant Robert Blank guilty of assault in the fifth degree in violation of Minn.Stat. § 609.05 (1982). Sentence was stayed pending this appeal. Defendant appeals the trial court's decision to exclude testimony about offensive comments made by the victim before the assault after allowing the attorneys to refer to these comments during opening statements to the jury. We reverse.

FACTS

Defendant Robert Henry Blank and a few friends were drinking at a bar in Lewi-ston, Minnesota. Wayne Schauble was the only other person in the bar that…