STATE v. BATES

No. 9447.

71 N.W.2d 641 (1955)

STATE of South Dakota, Plaintiff and Respondent, v. H. O. BATES, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied September 7, 1955.


Attorney(s) appearing for the Case

Phil Saunders, Atty. Gen., Walter Mueller, Asst. Atty. Gen., and Richard A. Furze, State's Atty., Lead, for plaintiff and respondent.

Thos. G. Wall, Sturgis, for defendant and appellant.


RENTTO, Judge.

A jury in the Municipal Court of Lead, South Dakota, found the defendant, H. O. Bates, guilty of killing an elk in Lawrence County, South Dakota, in violation of SDC Supp. 25.0701. On this verdict judgment was entered that the defendant pay a $100 fine and the costs of prosecution. Motion for a new trial was denied. This appeal is from the judgment and order denying a new trial.

On August 10, 1953, the South Dakota Game, Fish and Parks Commission...

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