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State v. Soto

378 N.W.2d 625 (1985)

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State v. Soto

Minnesota Supreme Court
378 N.W.2d 625 (1985)

SR

Facts

John Soto (defendant) was indicted for causing the death of an 8.5-month-old fetus by operating a car while under the influence of alcohol. Soto moved to dismiss the indictment, arguing that the applicable vehicular-homicide statute applied only to the death of a human being and that the human-being requirement could be satisfied only by a victim who had been born alive and had an existence independent of the mother. The Ramsey County District Court granted the motion and dismissed the indictment. The prosecution appealed.

Rule of Law

Issue

Holding and Reasoning (Kelley, J.)

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