Minnesota Statutes

Minn. Stat. § 619.10 (2026)

[Repealed]

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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[Repealed, 1963 c 753 art 2 s 17]

Notes of Decisions
Cited in 11 cases, 1946–1971 · leading case: State ex rel. Fruhrman v. Tahash, 146 N.W.2d 174 (Minn. 1966).
State ex rel. Fruhrman v. Tahash, 146 N.W.2d 174 (Minn. 1966). · cites it 4× “1961, § 619.10, in effect at the time of the crime, provided that the "killing of a human being * * * without a design to effect death, by a person engaged in the commission of, or in an attempt to commit, any felony [with specified exceptions]" is murder in the third degree,…”
State v. Smith, 119 N.W.2d 838 (Minn. 1962). · cites it 4× “NOTES [1] Section 619.10 defines murder in the third degree as follows: "Such killing of a human being, when perpetrated by act eminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of…”
State of Minnesota ex rel. Glen R. Holscher v. Ralph H. Tahash, 364 F.2d 922 (8th Cir. 1966). · cites it 2× “After a plea of not guilty a jury convicted Holscher in February 1959 of murder in the third degree, as defined in Minn.Stat. § 619.10 (1957) 2 (perpetration without premeditated design to effect death, but by an act “eminently dangerous to others, and evincing a depraved mind,…”
State v. Bolsinger, 21 N.W.2d 480 (Minn. 1946). “” § 619.10 (§ 10070). Selling intoxicating liquor which when drunk causes death is a specific instance of murder in third degree.”
State v. Mitchell, 130 N.W.2d 128 (Minn. 1964). “1961, § 619.10. The indictment alleged that the act took place on August 12, 1959, and that the victim, Gordon Knopic, died August 16, the result of an assault upon him in an attempted robbery.”
State v. Gowdy, 113 N.W.2d 578 (Minn. 1962). “He admits that the evidence would sustain a conviction of murder in the third degree as defined in § 619.10. 2 We have held that “[premeditation, being a process of the mind, and a design, likewise being a product of the mind, are wholly subjective and hence incapable of direct…”
State v. Kopetka, 121 N.W.2d 783 (Minn. 1963). “” It may be said that § 619.10 comprehends that murder in the third degree may be committed in either of two ways.”
State ex rel. Knott v. Tahash, 161 N.W.2d 617 (Minn. 1968). “1961, § 619.10 (now Minn. St. 609.195). The information, among other things, alleged that defendants did “by acts eminently dangerous to one Peter Pete and evincing a depraved mind regardless of human life, but without premeditated design, to effect the death of said Peter Pete…”
State v. Holscher, 159 N.W.2d 280 (Minn. 1968). “1961, § 619.10 (since repealed and replaced by § 609.”
Black v. State, 184 N.W.2d 419 (Minn. 1971). “The undisputed facts and petitioner’s admissions made through his counsel and approved by his voluntary plea of guilty adequately establish that he caused the death of the victim “by act eminently dangerous to others, and evincing a depraved mind, regardless of human life,…”
United States ex rel. Kopetka v. Young, 310 F. Supp. 1001 (D. Minn. 1970). · cites it 2× “The present petition asserts several claims including (1) that petitioner was denied due process because he was tried and convicted on one theory of third degree murder under Minn. Stat. § 619.10 and his conviction was affirmed on a second or different theory; (2) that the…”
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