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STATE v. SOTO

No. C1-85-1161.

378 N.W.2d 625 (1985)

STATE of Minnesota, Appellant, v. John (NMN) SOTO, Respondent.

Supreme Court of Minnesota.

December 6, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, Ramsey Co. Atty., Steven C. DeCoster, Asst. Co. Atty., St. Paul, for appellant.

Stephen W. Cooper, Salvador M. Rosas, Neighborhood Justice Center, St. Paul, for respondent.

Douglas Peine, Janlori Goldman, Legal Counsel, Minneapolis, Nan D. Hunter, Janet Benshoof, Suzanne M. Lynn, New York City, for amicus curiae Minn. Civil Liberties Union.

Heard, considered and decided by the court en banc.

KELLEY, Justice.

The Ramsey County Grand Jury indicted the respondent John Soto for the death of an 8½ month old fetus. Counts III and IV of the indictment charged him with causing the death by negligent operation of a motor vehicle while under the influence of alcohol and while having a blood alcohol concentration of 0.10 or more in violation of Minn. Stat. § 609.21 (Minn.1984). Holding that an 8½ month old viable fetus capable of sustained life outside...

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