State v. Corbin
Minnesota Court of Appeals
343 N.W.2d 874 (1984)
- Written by Erin Enser, JD
Facts
Jay Corbin and Ronald Niebuhr (collectively, the hunters) (defendants), along with members of their hunting party, requested permission from Wayne and Ed Soost to hunt on the Soosts’ farms. The Soosts permitted the hunting party to enter the land but instructed the hunters not to enter the cornfield. Subsequently, the hunters asked for permission to enter the cornfield to retrieve a wounded deer, and the Soosts refused. At no time did the Soosts post signage prohibiting entry to any part of their land; all communications and notifications from the Soosts to the hunters were verbal. It was later discovered that the hunters entered the cornfield despite having been told not to do so. The state (plaintiff) charged the hunters with trespassing. The trial court issued a pretrial order informing the parties that it would instruct the jury that a Minnesota law related to retrieval of injured game provided a defense to a complaint of misdemeanor trespass. The state appealed the pretrial order.
Rule of Law
Issue
Holding and Reasoning (Lansing, J.)
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