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State v. Anderson

Supreme Court of Minnesota
Jan 15, 1993
494 N.W.2d 876 (Minn. 1993)

Summary

In State v. Anderson, 494 N.W.2d 876 (Minn. 1993), a prosecution for first degree criminal damage to property, the finder of fact was permitted to infer intent from the defendant's actions in throwing a security officer's two-way radio into a lake.

Summary of this case from United States v. James

Opinion

No. C2-92-1026.

January 15, 1993.

Appeal from the District Court, Hennepin County.


ORDER

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that the petition of Harvey Dwight Anderson for further review of the court of appeals' decision affirming his conviction of criminal damage to property in the first degree be, and the same is, denied. Petitioner argued in the court of appeals that there was insufficient evidence that he intentionally damaged a $1,000 two-way radio which he grabbed from a security officer and threw in a lake when the security officer told him to leave property belonging to the security officer's employer. The court of appeals' decision contains language suggesting that petitioner was "presumed" to have intended the natural and probable consequences of his grabbing the radio from the officer and throwing it. What the court of appeals should have said is that the trial court, as finder of fact in this case (petitioner waived a jury trial), was free to "infer" petitioner's intent to damage the property from the evidence of what petitioner said and did.


Summaries of

State v. Anderson

Supreme Court of Minnesota
Jan 15, 1993
494 N.W.2d 876 (Minn. 1993)

In State v. Anderson, 494 N.W.2d 876 (Minn. 1993), a prosecution for first degree criminal damage to property, the finder of fact was permitted to infer intent from the defendant's actions in throwing a security officer's two-way radio into a lake.

Summary of this case from United States v. James

In Anderson and Barnslater, the defendants damaged property by throwing it either into a lake, Anderson, 494 N.W.2d at 876, or around a house, Barnslater, 805 N.W.2d at 915.

Summary of this case from State v. Beckman
Case details for

State v. Anderson

Case Details

Full title:STATE of Minnesota, Respondent, v. Harvey Dwight ANDERSON, Appellant

Court:Supreme Court of Minnesota

Date published: Jan 15, 1993

Citations

494 N.W.2d 876 (Minn. 1993)

Citing Cases

United States v. James

Moreover, "intent" to damage property may be inferred from the circumstances. In State v. Anderson, 494…

State v. Beckman

In the context of criminal damage to property charges, intent can be inferred from conduct. See State v.…