State v. Keim

Supreme Court of Minnesota

State v. Keim

290 N.W.2d 760, 1980 Minn. LEXIS 1326

CourtSupreme Court of Minnesota

DecidedMarch 7, 1980

DocketNo. 49358

StatusPublished

This text of 290 N.W.2d 760 (State v. Keim) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Keim, 290 N.W.2d 760, 1980 Minn. LEXIS 1326 (Mich. 1980).

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Opinion

PER CURIAM.

This is an appeal from judgment of conviction of felonious theft, Minn.Stat. § 609.-52, subd. 2(2) and 3(2) (1978), a prosecution which was based upon a claim that defendant took certain specified personal property from his former wife which was awarded her in the divorce decree. We have grave doubts about the propriety of prosecutions such as this which deal with matters which generally are better left to the family court rather than the criminal court. See State v. Mayhood, 308 Minn. 259, 241 N.W.2d 803 (1976). In any event, we conclude that the evidence of defendant’s guilt was insufficient as a matter of law to support the verdict or to support a reduction of the conviction to a lesser offense. Accordingly, defendant’s conviction is reversed outright and a judgment of acquittal ordered.

Reversed.

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PER CURIAM.

This is an appeal from judgment of conviction of felonious theft, Minn.Stat. § 609.-52, subd. 2(2) and 3(2) (1978), a prosecution which was based upon a claim that defendant took certain specified personal property from his former wife which was awarded her in the divorce decree. We have grave doubts about the propriety of prosecutions such as this which deal with matters which generally are better left to the family court rather than the criminal court. See State v. Mayhood, 308 Minn. 259, 241 N.W.2d 803 (1976). In any event, we conclude that the evidence of defendant’s guilt was insufficient as a matter of law to support the verdict or to support a reduction of the conviction to a lesser offense. Accordingly, defendant’s conviction is reversed outright and a judgment of acquittal ordered.

Reversed.

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Bluebook (online)

290 N.W.2d 760, 1980 Minn. LEXIS 1326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-keim-minn-1980.

Opinion

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