State v. Engler

OTIS, Justice.

Defendant was found guilty by a district court jury of a charge of assault in the second degree, Minn.Stat. § 609.222 (1980) (assault with a dangerous weapon), and was sentenced by the trial court to 18 months in prison, a sentence' which the trial court stayed pending this appeal. On this appeal defendant seeks a new trial on the basis of alleged misconduct by the prosecutor in his opening statement and alleged error by the trial court in failing to remove a juror; alternatively he contends that he is at least entitled to a stayed 21-month prison term, which is the term…