Minnesota Statutes
Minn. Stat. § 619.38 (2026)
[Repealed]
✓ current as of May 2026
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[Repealed, 1963 c 753 art 2 s 17]
Notes of Decisions
Cited in 7
cases, 1955–1968 · leading case: State v. Schifsky, 69 N.W.2d 89 (Minn. 1955).
State v. Schifsky, 69 N.W.2d 89 (Minn. 1955). ““Every person who, with intent to kill a human being or to commit a felony upon the person or property of the one assaulted or of another: “(1) Shall assault another with a loaded firearm or any other deadly weapon, or by any force or means likely to produce death; * * * *****…”
State v. Youngren, 147 N.W.2d 370 (Minn. 1966). “30, hereby respectfully petitions the Court to accept a plea of guilty from the accused to the crime of Assault in the Second Degree, on the grounds that the acceptance of *394 such a plea would be fair and just from the standpoints of both State and accused.”
State Ex Rel. Guren v. Grimes, 71 N.W.2d 885 (Minn. 1955). “27, an attempt to commit rape carried a maximum punishment of 15 years in prison, while under § 619.38 an assault with intent to commit rape carries a maximum of 5 years.”
State v. Anton, 132 N.W.2d 751 (Minn. 1965). “1961, § 619.38, which provided as follows: “Every person who, under circumstánces not amounting to assault in the first degree: * * * # * “(4) Shall wilfully and wrongfully assault another with a weapon or other instrument or thing likely to produce grievous bodily harm; * * * *…”
State v. Scalzo, 147 N.W.2d 926 (Minn. 1967). “Mr. Justice Peterson, not having been a member of this court at the time of the submission, took no part in the consideration or decision of this case.”
State ex rel. Hoffman v. Tahash, 116 N.W.2d 662 (Minn. 1962). “45 Colt automatic pistol loaded with gunpowder and leaden bullets at and in the direction of the said Bennie Umess, said assault constituting assault in the second degree under § 619.38.] “Judge Barron: Is the defendant ready at this time to enter his plea to the Information…”
State ex rel. White v. Tahash, 159 N.W.2d 117 (Minn. 1968). “1961, § 619.38. Minn. St. 1961, § 610.29, provided that for a conviction of more than three prior felonies the sentence may be for life.”
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