State v. Born

Sheran, Justice.

Appeal from a judgment of conviction.

Defendant was tried and convicted for the crime of aggravated assault in violation of Minn. St. 609.225, subd. 2, which provides:

“Whoever assaults another with a dangerous weapon but without intent to inflict great bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $5,000, or both.” (Italics supplied.)

On February 7, 1966, at approximately 6 p. m., defendant approached one Michael McDunn at a laundromat in Osseo, Minnesota, and, without justifiable excuse or provocation,…