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Legal Opinion

State v. Kiminski

Court of Appeals of Minnesota

Decided August 20, 1991No. C1-91-715PublishedCited by 15 opinions

1Opinion of the Court

RANDALL, Judge.

The State of Minnesota appeals from the trial court’s pretrial dismissal of two counts of state lottery fraud brought against respondent Daniel T. Kiminski. Respondent allegedly stole “instant win” lottery tickets and redeemed the winning tickets for approximately $69. Appellant contends the trial court erred when it construed Minn.Stat. § 609.651, subd. 1(4) (1990) as being inapplicable to the knowing redemption of stolen lottery tickets. We reverse and remand for further proceedings.

FACTS

Respondent was charged on December 28, 1990, with two counts of state lottery fraud in…

2Cases cited5 opinions

  1. State v. AarsvoldCourt of Appeals of Minnesota · 1985
  2. Commissioner of Revenue v. RichardsonSupreme Court of Minnesota · 1981
  3. Whetstone v. Hossfeld Manufacturing Co.Supreme Court of Minnesota · 1990
  4. County of Ramsey v. Township of Lake HenrySupreme Court of Minnesota · 1951
  5. Lahr v. City of St. CloudSupreme Court of Minnesota · 1956

3Cited by15 opinions

  1. State v. ThomaCourt of Appeals of Minnesota · 1997
  2. State v. DuffyCourt of Appeals of Minnesota · 1997
  3. State v. MoeCourt of Appeals of Minnesota · 1993
  4. State v. TiceCourt of Appeals of Minnesota · 2004
  5. State v. DresselCourt of Appeals of Minnesota · 2009

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