State v. Lemon

OPINION

PARKER, Judge.

Michael Lemon was charged with second-degree assault and was acquitted after a jury trial. He moved for reimbursement of his witness’ travel expenses. The trial court denied the motion, and Lemon appeals from the trial court’s order. The State did not file a brief, and this matter is proceeding pursuant to Minn.R.Civ.App.P. 142.03. We reverse.

FACTS

Lemon, who was employed by a private security agency, was armed and patrolling a steel plant on October 21, 1984. He encountered trespassers, who began to approach him, so he twice fired his weapon into the air to protect…