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STATE v. COFFEE

No. 12040.

556 P.2d 1185 (1976)

97 Idaho 905

STATE of Idaho, Plaintiff-Respondent, v. Dianne C. (David) COFFEE, Defendant-Appellant.

Supreme Court of Idaho.

November 23, 1976.

Attorney(s) appearing for the Case

Neil O. Walter of Wilson & Walter, Bonners Ferry, John E. Echohawk, Boulder, Colo., for defendant-appellant.

Wayne L. Kidwell, Atty. Gen., T.J. Jones, III, Sp. Asst. Atty. Gen., Boise, Randall W. Day, Pros. Atty. of Boundary County, Bonners Ferry, for plaintiff-respondent.

McFADDEN, Chief Justice.

Defendant-appellant Dianne C. (David) Coffee was charged by a criminal complaint with two counts; (a) killing a deer out of season in violation of I.C. § 36-1403, and (b) killing a deer with the aid of an artificial light in violation of I.C. § 36-1301. Following stipulation as to the facts, Coffee moved for a dismissal based on her claim that she is an Indian and has an aboriginal right to hunt free from state regulation. The trial...

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