State v. Backus

OPINION

SEDGWICK, Judge.

Appellant Michael Backus was convicted by a jury of two counts of assault in the fourth degree, Minn. Stat. § 609.2231 (Supp.1983), for assaulting a police officer who was trying to disperse a party. We affirm.

FACTS

Responding to complaints, St. Paul police officer Nancy DiPerna went to a duplex where 50 to 100 people were partying at 3:15 in the morning. Several other officers also arrived at the scene. While attempting to break up the party, Officer DiPerna *95was struck in the face, resulting in a cut lip, bloody nose and bruised cheek.

Officer DiPerna testified that when…