If the defendant was formerly acquitted on the ground of a variance between the indictment and the proof, or the indictment was dismissed, upon an objection to its form or substance, without a judgment of acquittal, it is not an acquittal of the same offense. If the defendant was acquitted on the merits, the defendant shall be deemed acquitted of the same offense, notwithstanding a defect in the form or substance of the indictment on which the defendant was acquitted.
Minn. Stat. § 630.32
ACQUITTAL; SAME OFFENSE.
Applied in 2 court decisions — leading case State v. Schmidt (2000)
Most recently applied in State v. Schmidt (June 2000)
(10698) RL s 5351; 1986 c 444
Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.