Legal Opinion

Breedlove v. State

Supreme Court of Minnesota

Decided December 19, 1969No. 41140Published

1Per curiam

Defendant pled guilty to carnal knowledge in October 1958 and to burglary in the third degree in June 1960. These postconviction proceedings were commenced in July 1967 and relief denied in October 1967. The appeal is from that order.

1. Defendant contends that he should be permitted to prove he had no criminal intent with respect to the carnal knowledge charge because of a reasonable mistake concerning the victim’s age. However, he signed a confession stating, among other things, he believed the girl *529was 16 or 17 years old. The question of mens rea was laid to rest in State v. Morse, 281…

2Cases cited3 opinions

  1. State v. MorseSupreme Court of Minnesota · 1968
  2. State v. PrattSupreme Court of Minnesota · 1967
  3. State v. MarcianoSupreme Court of Minnesota · 1969

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