STATE v. McCORMACK

No. 6084.

110 N.H. 482 (1970)

STATE v. G. EDWIN McCORMACK.

Supreme Court of New Hampshire.

December 1, 1970.


Attorney(s) appearing for the Case

Warren B. Rudman, Attorney General and Henry F. Spaloss, Assistant Attorney General (Mr. Spaloss orally), for the State.

Wakefield & Ray and William H. Hopkins (Mr. Hopkins orally), for the defendant.

Richard F. Upton (by brief), for the Pemigewasset Valley Fish and Game Club, Inc., as amicus curiae.


KENISON, C.J.

The issue in this case is the constitutionality of rule 20 of the Fish and Game Department's Rules and Regulations. Rule 20, promulgated under the authority of RSA 206: 10-14, reads as follows: "The possession or use of corn, rice, metal or plastic or mineral flakes, while fishing, is prohibited." The defendant was prosecuted by the Fish and Game Department for violation of this rule. The first complaint charged him with using rice for the purpose of...

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