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STATE v. HORTON

No. 51478.

303 N.W.2d 62 (1981)

STATE of Minnesota, Respondent, v. Charles Efton HORTON, Appellant.

Supreme Court of Minnesota.

February 20, 1981.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Kathleen K. Rauenhorst, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen and Norman B. Coleman, Jr., Sp. Asst. Attys. Gen., St. Paul, Neil Simonson, County Atty., Mantorville, for respondent.

Considered and decided by the court en banc without oral argument.

SIMONETT, Justice.

Defendant was charged with attempted second degree murder and with assault in the first degree but, after a jury trial, was found guilty only of the latter offense, Minn.Stat. § 609.221 (1980). The trial court sentenced defendant to 10 years in prison. Issues raised by defendant on his appeal from judgment of conviction are: (1) whether the evidence of his guilt was legally insufficient, and (2) whether the trial court erred in denying a motion...

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