Legal Opinion

State v. Andrews

Supreme Court of Minnesota

Decided September 14, 1973No. 43787PublishedCited by 52 opinions

1Opinion of the Court

Kelly, Justice.

Defendant, convicted by a St. Paul municipal court jury of driving while under the influence of an alcoholic beverage, Minn. St. 169.121, appeals from judgment of conviction and from the order denying his motion for a new trial. We reverse and grant defendant a new trial on the ground that the trial court committed prejudicial error in admitting evidence that defendant had refused to submit to chemical testing.

In State v. McCarthy, 259 Minn. 24, 104 N. W. 2d 673, 87 A. L. R. 2d 360 (1960), which was also a prosecution under § 169.121, we held that the admission of evidence that…

2Cases cited4 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. State v. RobertsSupreme Court of Minnesota · 1973
  3. State v. BeckSupreme Court of Minnesota · 1971
  4. State v. McCarthySupreme Court of Minnesota · 1960

3Cited by52 opinions

  1. South Dakota v. NevilleSupreme Court of the United States · 1983
  2. Hill v. StateSupreme Court of Alabama · 1979
  3. McDonnell v. Commissioner of Public SafetySupreme Court of Minnesota · 1991
  4. Elson v. StateAlaska Supreme Court · 1983
  5. State v. WillisSupreme Court of Minnesota · 1983

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