State v. VanWert

KEITH, Justice.

The decisive issue in this criminal appeal is whether the trial court prejudicially erred in its response to a jury question concerning the elements of the offense of criminal vehicular operation resulting in injury, Minn.Stat. § 609.21, subd. 2 (1988). We hold that the trial court erred and that the error was prejudicial. The decision of the court of appeals is reversed and the case is remanded for a new trial. 1

On the evening of June 29, 1987, defendant YanWert played softball, went to a bar, and then, according to his evidence, went to his mother’s residence, where he ate…