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Burglary Conviction Reversed by MN Supreme Court

By April 2, 2019 No Comments

The Minnesota Supreme Court recently ruled in favor of the defendant in a burglary case, reports Minnesota Lawyer. The defendant had brought a BB gun to a burglary and was charged with a more serious crime based on the idea that if the homeowner had been home, she might have believed the BB gun was actually a dangerous weapon. But the defense attorney argued that because the homeowner hadn’t been home, she couldn’t form such a belief, and therefore the more serious burglary charge didn’t apply. The Supreme Court agreed, though two justices dissented. The state had argued that the burglary statute “merely describes the nature of the article that the burglar must possess in order for a first-degree conviction to take place” and didn’t require the homeowner’s presence.