STATE v. MERTZ

No. A10-2003.

801 N.W.2d 219 (2011)

STATE of Minnesota, Appellant, v. Michael Ray MERTZ, Respondent.

Court of Appeals of Minnesota.

July 18, 2011.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Brian J. Melton , Clay County Attorney, Jenny M. Samarzja , Assistant County Attorney, Moorhead, MN, for appellant.

Bradford S. Delapena , St. Paul, MN, for respondent.

Considered and decided by SHUMAKER, Presiding Judge; KLAPHAKE, Judge; and WORKE, Judge.


OPINION

WORKE, Judge.

In this pretrial appeal, the state argues that the district court erred in finding that respondent recanted his perjured statement and in dismissing the perjury charge for lack of probable cause. Respondent filed a cross-appeal, arguing that the district court erred in concluding that the perjury statute does not require the administration of a formal oath. We agree with respondent and affirm because, although the district court erred...

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