Did the prosecution prove beyond a reasonable doubt that defendant did not act in self defense in 2nd degree assault case?
Defendant was convicted of 2nd degree felony assault. On appeal, defendant argued that the evidence was insufficient to prove beyond a reasonable doubt that he was not acting in self defense. Noting that defendant could have left the apartment, but chose to instead retrieve a knife from the kitchen and begin swinging it at the victim, threatening to kill him, the Minnesota Court of Appeals concluded that the facts did not support an actual and honest belief of imminent bodily harm. It also concluded that defendant had to opportunity to retreat and failed to do so. Affirmed.
State v. Burns, A19-0111, Clay County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.