Cited by

Opinions in Minnesota that cite State v. Sauer, 38 N.W. 355.

32 citing documents.

State of Minnesota v. Christian Portillo, A21-1621, Supreme Court, December 13, 2023 Minn. 2023
State of Minnesota v. Christian Portillo, A21-1621, Supreme Court, December 13, 2023 Minn. 2023
easonable doubt” (citation omitted) 5 We nonetheless cautioned in Young that “when explaining the presumption of innocence, counsel would be wise to ‘ adopt some definition which has already received the general approval of the authorities, especially those in our own state.’ ” d at 281 ( quoting, in turn, State v. Sauer, 38 Minn. 438 (1888)).
State v. Vue 797 N.W.2d 5 Minn. 2011
State v. Vue 797 N.W.2d 5 Minn. 2011
Nevertheless, we caution prosecutors about the use of such language in their closing argument and urge them to “adhere as closely as possible to the normal statement of the presumption [of innocence].” Bohlsen, d at 50 ; see also State v. Sauer, 38 Minn. 438, 439 , 38 N.W.
State v. Young 710 N.W.2d 272 Minn. 2006
State v. Young 710 N.W.2d 272 Minn. 2006
We have previously recommended that, when explaining the presumption of innocence, counsel would be wise to “ ‘adopt some definition which has already received the general approval of the authorities, especially those in our own state.’ ” (quoting State v. Sauer, 38 Minn. 438, 439 , 38 N.W.
State v. Bohlsen 526 N.W.2d 49 Minn. 1994
State v. Bohlsen 526 N.W.2d 49 Minn. 1994
As we further said there: Justice Mitchell’s statement in State v. Sauer, 38 Minn. 438, 439 , 38 N.W.
State v. Carver 363 N.W.2d 826 Minn. Ct. App. 1985
State v. Carver 363 N.W.2d 826 Minn. Ct. App. 1985
What we said in State v. Sauer, [ 38 Minn. 438, 440 , 38 N.W.
State v. DeVere 261 N.W.2d 604 Minn. 1977
State v. DeVere 261 N.W.2d 604 Minn. 1977
Justice Mitchell’s statement in State v. Sauer, 38 Minn. 438, 439 , 38 N.W.
State v. Demmings 246 N.W.2d 31 Minn. 1976
State v. Demmings 246 N.W.2d 31 Minn. 1976
In State v. Sauer, 38 Minn. 438, 440 , Mr. Justice Mitchell, speaking for the court, wrote: “* * * Evidence of good character is admissible to support the original presumption of innocence, and is to go to the jury, and be considered by them, in connection with all the other evidence in the.
State v. Peery 28 N.W.2d 851 Minn. 1947
State v. Bowers 228 N.W. 164 Minn. 1929
State v. Bowers 228 N.W. 164 Minn. 1929
State v. Sauer, 38 Minn. 438 , ; State v. Newman, 93 Minn. 393 , ; State v. Keehn, 135 Minn. 211 , ; State v. Whitman, 168 Minn. 305 , ; State v. Bailey, 177 Minn. 500 , .
State v. Cavett 213 N.W. 920 Minn. 1927
State v. Whitman 210 N.W. 12 Minn. 1926
State v. Whitman 210 N.W. 12 Minn. 1926
State v. Staley, 14 Minn. 75 (105); State v. Sauer, 38 Minn. 438 , ; State v. Newman, 93 Minn. 393 , .
State v. Nelson 208 N.W. 129 Minn. 1926
State v. Nelson 208 N.W. 129 Minn. 1926
Thus, in State v. Sauer, 38 Minn. 438 , , Judge Mitchell said: “Evidence of good character is admissible to support the original presumption of innocence, and is to go to the jury, and be considered by them, in connection with all the other evidence in the case.” In State v. Hutchinson, 121 Minn. 405 , , Judge Bunn said: “Eviden
State v. Dolliver 184 N.W. 848 Minn. 1921
State v. Dolliver 184 N.W. 848 Minn. 1921
State v. Sauer, 38 Minn. 438 , ; State v. Holmes, 65 Minn. 230 , .
State v. Maddaus 163 N.W. 507 Minn. 1917
State v. Maddaus 163 N.W. 507 Minn. 1917
The eases relied on, State v. Sauer, 38 Minn. 438 , ; State v. Ames, 90 Minn. 183 , ; State v. Hutchison, 121 Minn. 405 , , are not in point.
State v. Newman 101 N.W. 499 Minn. 1904
State v. Newman 101 N.W. 499 Minn. 1904
State v. Sauer, 38 Minn. 438 , ; Notes to Burt v. State ( 72 Miss.
State v. Holmes 68 N.W. 11 Minn. 1896
State v. Holmes 68 N.W. 11 Minn. 1896
At such a time the influence of a good character ought to weigh very strongly in behalf of a person accused.” We are unable to see it otherwise than that this instruction was erroneous, and subject to the same objection which was pointed out in State v. Sauer, 38 Minn. 438 , , viz.
State v. Sauer 44 N.W. 115 Minn. 1890
State v. Sauer 44 N.W. 115 Minn. 1890
38 Minn. 438 , ( 38 N. W. Rep.