State v. Kalvig

I disagree that the welfare fraud statute, Minn. St. 1969, § 256.83 (now Minn. St. 256.98), proscribing the receipt of unauthorized welfare assistance through false statements and representations, precludes prosecution under our general theft statute, Minn. St. 609.52, subd. 2(3), when the misconduct also constitutes a violation of that statute. To adopt such a result in this case without a clear legislative mandate could preclude in future cases the prosecution of some heinous crime as a felony under an appropriate statute merely because the defendant’s misconduct simultaneously violated a…