State v. Smith

OPINION

KLAPHAKE, Judge.

Appellant Karrie Anne Smith was convicted by a jury of third-degree assault under Minn.Stat. § 609.223, subd. 1 (1994) (assault with infliction of substantial bodily harm). On appeal, she argues the trial court committed prejudicial error when it admitted the bartender’s out-of-court statement to a police officer immediately after the incident and when it allowed a prosecution witness to testify that she had been bitten by appellant in 1991. We agree and reverse the conviction.

FACTS

In the early morning hours of April 21, 1994, several fights broke out in a bar in…