Minnesota Statutes

Minn. Stat. § 630.32 (2026)

Acquittal; Same Offense

✓ current as of May 2026

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If the defendant was formerly acquitted on the ground of a variance between the indictment and the proof, or the indictment was dismissed, upon an objection to its form or substance, without a judgment of acquittal, it is not an acquittal of the same offense. If the defendant was acquitted on the merits, the defendant shall be deemed acquitted of the same offense, notwithstanding a defect in the form or substance of the indictment on which the defendant was acquitted.

Notes of Decisions

Cited in 2 cases, 2000–2000 · leading case: State v. Schmidt, 612 N.W.2d 871 (Minn. 2000).

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State v. Schmidt, 612 N.W.2d 871 (Minn. 2000). · cites it 2× “In contrast, the subsequent orders dismissing counts four, six, and seven and entering an “acquittal” on counts one and two were not acquittals regardless of how the trial court labeled them.”

State v. Large, 607 N.W.2d 774 (Minn. 2000). · cites it 2× “2d 65 (1978) (alteration in original) (citation omitted); see also Minn.Stat. § 630.32 (1998). The Supreme Court in Scott stated that when a defendant successfully terminates proceedings after jeopardy has attached because he argues, and the trial court finds, that the…”

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