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State v. Barner

Supreme Court of Minnesota
Dec 27, 1993
510 N.W.2d 202 (Minn. 1993)

Summary

finding at the very least three days of difficulty eating, multiple scars, and a hand injury fit into the phrase "other serious bodily harm"

Summary of this case from State v. Spicer

Opinion

No. C1-93-136.

December 27, 1993.

Appeal from the District Court, Hennepin County, Myron S. Greenberg, J.


ORDER

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that (a) the petition of the State of Minnesota for further review of the decision of the Court of Appeals be, and the same is, granted; (b) the unpublished decision of the court of appeals vacating defendant's conviction of assault in the first degree, Minn.Stat. § 609.221, and remanding to the trial court for resentencing on the lesser offense of assault with a dangerous weapon be, and the same is, reversed; and (c) the defendant's conviction of assault in the first degree be, and the same is, reinstated. The issue is whether there was sufficient evidence that the harm defendant inflicted on the victim was "great bodily harm." Minn.Stat. § 609.02, subd. 8, defines "great bodily harm" as "bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm." Relevant decisions of this court include: State v. Peters, 274 Minn. 309, 143 N.W.2d 832 (1966); State v. Jones, 266 N.W.2d 706 (Minn. 1978); State v. Stafford, 340 N.W.2d 669 (Minn. 1983). See also State v. Bridgeforth, 357 N.W.2d 393 (Minn.App. 1984), pet. for rev. denied (Minn. 1985); State v. Anderson, 370 N.W.2d 703 (Minn.App. 1985), pet. for rev. denied (Minn. 1985); State v. Currie, 400 N.W.2d 361 (Minn.App. 1987), pet. for rev. denied (Minn. 1987). Defendant in this case hit the victim so hard in the head that the victim's head swelled up, making it difficult for him to eat for three days; defendant inflicted multiple stab wounds, one 4 inches deep and the rest 2 inches deep, leaving multiple scars; and defendant injured the victim's hand in such a way as to affect the way the victim, an avid canoeist, paddles his canoe. "At the very least," as in Jones, supra, 266 N.W.2d at 710, the injuries "fit within the phrase 'other serious bodily harm' " in section 609.02, subd. 8. The court of appeals' decision is therefore reversed and the judgment of conviction of assault in the first degree is hereby reinstated.

/s/ Alexander M. Keith Chief Justice


Summaries of

State v. Barner

Supreme Court of Minnesota
Dec 27, 1993
510 N.W.2d 202 (Minn. 1993)

finding at the very least three days of difficulty eating, multiple scars, and a hand injury fit into the phrase "other serious bodily harm"

Summary of this case from State v. Spicer

concluding that the following injuries constituted other serious bodily harm: swelling in complainant's head impaired eating for three days, and complainant had multiple scars from stab wounds and a hand injury which affected his leisure activities

Summary of this case from State v. Aleman

concluding that victim's injuries, including swollen head making eating difficult for three days, multiple stab wounds that left scars, and injury to his hand, were encompassed by phrase “other serious bodily harm”

Summary of this case from State v. Dye

concluding that the victim's injuries, including a swollen head that made him unable to eat for several days, multiple stab wounds that left scars, and an injury to his hand, were encompassed by the phrase "other serious bodily harm"

Summary of this case from State v. Merritt

determining that victim suffered great bodily harm for purpose of assault statute where he sustained a head injury, multiple stab wounds, and injuries to his hands

Summary of this case from State v. White
Case details for

State v. Barner

Case Details

Full title:STATE of Minnesota, Respondent, v. Michael Anthony BARNER, Appellant

Court:Supreme Court of Minnesota

Date published: Dec 27, 1993

Citations

510 N.W.2d 202 (Minn. 1993)

Citing Cases

State v. White

The evidence amply supports the jury's verdict that N.P. suffered great bodily harm. See, e.g., State v.…

State v. Spicer

See, e.g., State v. McDaniel, 534 N.W.2d 290, 293 (Minn. App. 1995) (finding scars left by an assault is…