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STATE v. GERARD

No. A13-0043.

832 N.W.2d 314 (2013)

STATE of Minnesota, Appellant, v. Mark Duane GERARD, Respondent.

Court of Appeals of Minnesota.

June 24, 2013.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Janet Reiter , Chisago County Attorney, Beth A. Beaman , Center City, MN, for appellant.

D. Sherwood McKinnis , Lindberg & McKinnis, P.A., Cambridge, MN, for respondent.

Considered and decided by CONNOLLY, Presiding Judge; STONEBURNER, Judge; and RODENBERG, Judge.

OPINION

CONNOLLY, Judge.

In this pretrial appeal, appellant, State of Minnesota, argues that the district court erred when it dismissed the felony count of unjustifiably killing an animal, in violation of Minn.Stat. § 343.21, subd. 1, based on lack of probable cause because it impermissibly concluded that respondent's actions were justified. Because a determination of whether an animal was killed "unjustifiably" pursuant to Minn.Stat.

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