Legal Opinion

State v. Prigge

Court of Appeals of Minnesota

Decided July 31, 2017No. A17-0403Published

1Opinion of the Court

OPINION

REILLY, Judge

The state appeals the district court’s pretrial dismissal of a charge of carrying a pistol while under the influence of alcohol in violation of Minnesota Statutes section 624.7142, subdivision 1(4), arguing that carrying a pistol “on or about the.person’s clothes or person” does not require a physical nexus between the pistol and the person or the person’s clothes. Because the pretrial dismissal order has a critical impact, appellate réview is appropriate. And because the plain language of the statute is limited in application to situations in which there is a physical…

2Cases cited20 opinions

  1. State v. UnderdahlSupreme Court of Minnesota · 2009
  2. Transport Leasing Corporation v. StateSupreme Court of Minnesota · 1972
  3. Occhino v. GroverCourt of Appeals of Minnesota · 2002
  4. State of Minnesota v. David Lee HaywoodSupreme Court of Minnesota · 2016
  5. State of Minnesota v. Jose Martin Lugo, Jr.Supreme Court of Minnesota · 2016

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