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STATE v. TINNO

No. 10737.

497 P.2d 1386 (1972)

94 Idaho 759

STATE of Idaho, Plaintiff-Appellant, v. Gerald Cleo TINNO, Defendant-Respondent.

Supreme Court of Idaho.

June 8, 1972.

Attorney(s) appearing for the Case

W. Anthony Park, Atty. Gen., and T.J. Jones, III, of Jones & Jones, Boise, Special Counsel for Idaho Fish and Game Department, for plaintiff-appellant.

Louis F. Racine, Jr., Racine, Huntley, Herzog & Olson, Pocatello, for defendant-respondent.

Joseph L. Coniff, Asst. Atty. Gen., of the State of Washington, for Washington State Dept. of Game, Olympia, Wash., Robert S. Lynch, Dept. of Justice, Washington, D.C., and Sidney E. Smith, U.S. Atty., Boise, for the United States of America, amici curiae.

McFADDEN, Justice.

Defendant-respondent Gerald Cleo Tinno, a duly enrolled member of the Shoshone-Bannock Tribes of Indians, resides on the Fort Hall Indian Reservation located near Pocatello. He was charged by a complaint with taking a chinook salmon with a spear from the Yankee Fork of the Salmon River in Custer County on July 16, 1968. Both spear fishing and taking salmon at that particular time and location were violations of state fishing regulations.

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