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STATE v. GOWDY

462 P.2d 461 (1969)

STATE of Oregon, Respondent, v. Georgia G. GOWDY and Lawrence Gowdy, Appellants.

Court of Appeals of Oregon, In Banc.

Decided December 12, 1969.

Rehearing Denied January 13, 1970.

Attorney(s) appearing for the Case

John T. Lewis, The Dalles, argued the cause for appellants. With him on the briefs were Lewis & Remington, The Dalles.

Walter L. Barrie, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., Jacob B. Tanzer, Solicitor Gen., Salem, and Donald H. Turner, Dist. Atty., The Dalles.

Sidney I. Lezak, U.S. Atty., District of Oregon, Portland; Shiro Kashiwa, Asst. Atty. Gen., Roger P. Marquis and Edmund B. Clark, Attys., Department of Justice, Washington, D.C., filed a brief for the United States of America as amicus curiae.

Argued and Submitted at Pendleton October 28, 1969.

LANGTRY, Judge.

Defendants Lawrence and Georgia G. Gowdy, husband and wife, are enrolled and affiliated members of the Yakima Indian Nation. On April 3, 1966, they were fishing with fixed gill nets in the Columbia River at a usual and accustomed fishing place of the Yakima Tribe. They were arrested by Oregon state authorities and charged with violation of ORS 509.206, which prohibited the use of fixed fishing...

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