Minnesota Statutes

Minn. Stat. § 611.02 (2026)

Presumption Of Innocence; Conviction Of Lowest Degree, When

✓ current as of May 2026

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Every defendant in a criminal action is presumed innocent until the contrary is proved and, in case of a reasonable doubt, is entitled to acquittal; and when an offense has been proved against the defendant, and there exists a reasonable doubt as to which of two or more degrees the defendant is guilty, the defendant shall be convicted only of the lowest.

Notes of Decisions

Cited in 20 cases (1 in the last 5 years), 1952–2024 · leading case: State v. Hallmark, 927 N.W.2d 281 (Minn. 2019).

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State v. Hallmark, 927 N.W.2d 281 (Minn. 2019). · cites it 8× “Hallmark argues that his sentence of life without the possibility of release was improper under Minn. Stat. § 611.02 (2018) because the district court could have sentenced him on the second-degree murder conviction.”

Munt v. State, 920 N.W.2d 410 (Minn. 2018). · cites it 13× “04 and Minn. Stat. § 611.02 . Both of these statutes set forth requirements that relate to convictions.”

State v. Young, 710 N.W.2d 272 (Minn. 2006). · cites it 4× “At oral argument, Young also argued that, pursuant to Minn.Stat. § 611.02 (2004), if we had a "reasonable doubt” about the sufficiency of the evidence to support Young's convictions, we should reduce his felony murder conviction from first-degree to second-degree.”

State v. Brouillette, 286 N.W.2d 702 (Minn. 1979). · cites it 4× “[3] In a criminal trial the defendant is presumed innocent and has no duty to produce witnesses or present evidence. Nor does he have a duty to testify on his own behalf, and neither the court nor the prosecutor may allude to his failure to testify.”

State v. Adams, 295 N.W.2d 527 (Minn. 1980). · cites it 4× “13, and Minn. Stat. § 611.02 (1978), I would reduce the defendant's conviction to first-degree manslaughter and remand for resentencing by the trial court.”

State v. Moore, 458 N.W.2d 90 (Minn. 1990). · cites it 4× “We might be inclined to reduce the conviction to second degree manslaughter pursuant to Minn.Stat. § 611.02 (1988), 5 but in view of the fact that defendant’s counsel’s admission of guilt in closing argument may have precluded a fair trial on the second degree manslaughter…”

State v. Hatcher, 322 N.W.2d 210 (Minn. 1982). · cites it 9× “The court also refused to instruct the jury under Minn.Stat. § 611.02 that if it had reasonable doubt as to which degree of murder the defendant had committed, it should convict of the,lesser degree.”

State v. Moore, 481 N.W.2d 355 (Minn. 1992). · cites it 2× “He points to the statement in Moore I that, had it not been for counsel’s unauthorized concession of guilt of first degree manslaughter in the first trial, the court was “inclined” to reduce defendant’s conviction to second degree manslaughter pursuant to Minn.Stat. § 611.02.…”

State v. Leinweber, 228 N.W.2d 120 (Minn. 1975). · cites it 3× “Section 611.02, ensuring to defendant the presumption of innocence, also declares for defendant’s protection that “when an offense has been proved against him, and there exists a reasonable doubt as to which of two or more degrees he is guilty, he shall be convicted only of the…”

Rossberg v. State, 932 N.W.2d 6 (Minn. 2019). · cites it 10× “03 because it relied on Minn. Stat. § 611.02 (2018) (a statutory provision governing convictions), and, therefore, implicated more than just his sentence.”

Aaron Joseph Morrow v. State of Minnesota, 886 N.W.2d 204 (Minn. 2016). · cites it 3× “§ 611.02 (2014) (providing that “when an offense has been proved against the defendant, and there exists a reasonable doubt as to which of two or more degrees the defen *208 dant is guilty, the defendant shall be convicted only of the lowest”).”

State v. Waltz, 54 N.W.2d 791 (Minn. 1952). · cites it 4× “Section 611.02 provides: "Every defendant in a criminal action is presumed innocent until the contrary is proved and, in case of a reasonable doubt, is entitled to acquittal; * * *.”

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