Legal Opinion

State v. Newman

Court of Appeals of Minnesota

Decided October 3, 1995No. C6-95-427PublishedCited by 10 opinions

1Opinion of the Court

OPINION

HARVEY A. HOLTAN, Judge.

Appellant challenges his conviction of a felony drive-by shooting, arguing that the BB gun he shot at another vehicle is not a firearm within the meaning of Minn.Stat. § 609.66, subd. le(a) (Supp.1993). We affirm.

FACTS

Appellant Dylan Arber Newman was charged with violating the drive-by shooting statute after admitting he shot his BB gun at a Ford on the highway. The driver of the Ford immediately reported the incident to the officer who had stopped appellant’s vehicle for a speeding violation. When the officer asked appellant (a passenger) if he had engaged in…

2Cases cited4 opinions

  1. Sorenson v. St. Paul Ramsey Medical CenterSupreme Court of Minnesota · 1990
  2. Western Union Telegraph Co. v. SpaethSupreme Court of Minnesota · 1950
  3. Heaslip v. FreemanCourt of Appeals of Minnesota · 1994
  4. State v. SeifertSupreme Court of Minnesota · 1977

3Cited by10 opinions

  1. State of Minnesota v. David Lee HaywoodSupreme Court of Minnesota · 2016
  2. State v. CoauetteCourt of Appeals of Minnesota · 1999
  3. State v. FlemingCourt of Appeals of Minnesota · 2006
  4. Hare v. State, Department of Human ServicesCourt of Appeals of Minnesota · 2003
  5. State of Minnesota v. David Lee HaywoodCourt of Appeals of Minnesota · 2015

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