Minnesota Statutes
Minn. Stat. § 340.96 (2026)
[Repealed]
✓ current as of May 2026
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[Repealed, 1971 c 90 s 2]
Notes of Decisions
Cited in 7
cases, 1967–2016 · leading case: Ali M. Shire v. Rosemount, Inc., Self-Insured/Berkley Risk Administrators Co., LLC, Relators, & Twin Cities Orthopedics, P.A., Crosstown Surgery Ctr., & Minnesota Dep't of Human Servs./BRS, Intervenors., 875 N.W.2d 289 (Minn. 2016).
Ali M. Shire v. Rosemount, Inc., Self-Insured/Berkley Risk Administrators Co., LLC, Relators, & Twin Cities Orthopedics, P.A., Crosstown Surgery Ctr., & Minnesota Dep't of Human Servs./BRS, Intervenors., 875 N.W.2d 289 (Minn. 2016). “” Minn. Stat. § 340.96 (1968) (repealed 1971).”
State v. Fearon, 166 N.W.2d 720 (Minn. 1969). “He was arrested and subsequently tried for violating § 340.96, which provides: “Every person who becomes intoxicated by voluntarily drinking intoxicating liquors is guilty of the crime of drunkenness, and shall be punished as follows: * * (Italicssupplied.”
City of Minneapolis v. Altimus, 238 N.W.2d 851 (Minn. 1976). “1969, § 340.96 (since repealed by L.1971, c. 90, § 2, and replaced by Minn.”
State Ex Rel. Harper v. Zegeer, 296 S.E.2d 873 (W. Va. 1982). “Fearon, supra , that court determined "voluntarily drinking" applied only to those who consumed liquor by choice, not to alcoholics: However, on the evidence presented in this case, defendant was no more able to make a free choice as to when or how much he would drink than a…”
State v. Johnson, 327 N.W.2d 580 (Minn. 1982). “Fearon held that a person suffering from chronic alcoholism could not be convicted of drunkenness under Minn.Stat. § 340.96 (1969) (later repealed), even though the drunkenness was self-induced.”
State v. Murphy, 152 N.W.2d 507 (Minn. 1967). “It is asserted that defendant’s prior conviction of drunkenness in violation of § 340.96 precludes prosecution under the former statute since both violations allegedly grew out of the same conduct and the prosecution of one is a bar to the prosecution of the other within the…”
State v. Kooiman, 185 N.W.2d 534 (Minn. 1971). “035 bars a *440 prosecution of a pending charge of criminal negligence after petitioner has been convicted of drunkenness in violation of § 340.96 when proof that petitioner was under the influence of intoxicating liquor is an important part of the state’s proposed case.”
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