State v. Baker

Nelson, Justice.

Defendant was found guilty of second-degree assault following a jury trial in Hennepin County District Court and was sentenced to imprisonment for a term not to exceed 5 years. He appeals from the judgment of conviction and from an order denying his motion for a new trial. The appeal was dismissed on motion July 11, 1966, for lack of prosecution but was reinstated on motion of the public defender July 6, 1967. Defendant seeks to vacate the judgment of conviction and to have the case remanded for a new trial.

The facts are as follows: On November 4, 1962, James Roberts, after…