State v. Gerard

OPINION

CONNOLLY, Judge.

In this pretrial appeal, appellant, State of Minnesota, argues that the district court erred when it dismissed the felony count of unjustifiably killing an animal, in violation of Minn.Stat. § 343.21, subd. 1, based on lack of probable cause because it impermissibly concluded that respondent’s actions were justified. Because a determination of whether an animal was killed “unjustifiably” pursuant to Minn.Stat. *316§ 343.21, subd. 1 is a fact issue for the jury, we reverse and remand.

FACTS

On June 25, 2012, a deputy from the Chisago County Sheriffs Office responded to a…