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STATE v. ELUSKA

No. A-210.

698 P.2d 174 (1985)

STATE of Alaska, Appellant, v. David ELUSKA, Appellee.

Court of Appeals of Alaska.

April 12, 1985.

Attorney(s) appearing for the Case

Sarah Elizabeth McCracken, Asst. Atty. Gen., Anchorage, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellant.

Michael J. Wall, Asst. Public Defender, Kodiak, and Dana Fabe, Public Defender, Anchorage, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

SINGLETON, Judge.

The state appeals the district court's dismissal of misdemeanor charges against David Eluska. Eluska was charged with possessing illegally taken game in violation of 5 AAC 81.320(6)1 and 5 AAC 81.140(a).2 Eluska sought dismissal of the charges on the ground that 5 AAC 81.320(6) was unenforceable against him because he was a subsistence hunter and the regulation failed to...

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