State v. Duggan, 42889
Decision Date | 19 November 1971 |
Docket Number | No. 42889,42889 |
Citation | 291 Minn. 422,192 N.W.2d 185 |
Parties | STATE of Minnesota, Respondent, v. Shirley L. DUGGAN, Appellant. |
Court | Minnesota Supreme Court |
Syllabus by the Court
Intent is an essential element to establish proof of violation of St. Paul Legislative Code, § 470.03, which punishes loitering or lurking on streets or public places with intent to solicit for purposes of prostitution, and conviction of such offense is not supported by mere suspicions of arresting officer.
Lais, Jacobowski & Bannigan, St. Paul, for appellant.
Warren Spannaus, Atty. Gen., William B. Randall, County Atty., Daniel A. Klas, City Atty., Pierre N. Regnier and Daniel L. Ficker, Asst. City Attys., St. Paul, for respondent.
Heard before KNUTSON, C.J., and MURPHY, OTIS, ROGOSHESKE, and HACHEY, JJ.
Defendant appeals from a judgment of conviction of violation of St. Paul Legislative Code, § 470.03, which provides:
'No person shall loiter or lurk on the streets, or in a public place, or in a place open to the public, with intent to solicit for the purpose of prostitution or any other act prohibited by law.'
Because the state has failed in its proof to establish the essential element of intent to commit the offense, we reverse. We said in State v. Armstrong, 282 Minn. 39, 42, 162 N.W.2d 357, 360 (1968):
There is no evidence in the record of prior offenses, prior unlawful conduct on the part of defendant, nor of reputation or actual solicitation which would support the conviction. From an examination of the record, it appears that the conviction rests largely upon the suspicion of the arresting officer.
Reversed.
To continue reading
Request your trial-
State v. Bennett
...must demonstrate, beyond a reasonable doubt, the defendant's intent to engage for hire in sexual activity. Accord, State v. Duggan, 291 Minn. 422, 192 N.W.2d 185 (1971). Mere suspicion by the arresting officer is insufficient. Id. In the first part of the conversation, defendant offered Sgt......