State v. Wofford

Murphy, Justice.

This case is before us on a writ of error issued by this court on petition of the defendant, James Wofford, who was convicted of second-degree assault. Minn. St. 619.38. The defendant assigns a number of grounds on which he claims he is entitled to a new trial, the most important of which is that prejudicial error occurred in the reception of evidence which resulted in denial of a fair trial.

From the record it appears that about 1 a. m. on January 15, 1960, Ernest Svoboda, a taxicab driver, was dispatched to the Spinning Wheel Tavern in Minneapolis. He arrived there about 1:15…