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STATE v. ELUSKA

No. S-991.

724 P.2d 514 (1986)

STATE of Alaska, Petitioner, v. David ELUSKA, Respondent.

Supreme Court of Alaska.

August 29, 1986.

Attorney(s) appearing for the Case

Sarah Elizabeth McCracken, Asst. Atty. Gen., Anchorage, and Harold M. Brown, Atty. Gen., Juneau, for petitioner.

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

Robert T. Anderson, Lawrence A. Aschenbrenner, Anchorage, amicus curiae for Native American Rights Fund.

William E. Caldwell, Judith K. Bush, Andrew R. Harrington, Alaska Legal Services, Fairbanks, and Mark Regan, Alaska Legal Services, Barrow, amicus curiae for plaintiffs in Bobby v. Alaska, Case No. A84-544 CW (D.Alaska).

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

BURKE, Justice.

In State v. Eluska, 698 P.2d 174 (Alaska App. 1985), the court of appeals affirmed the dismissal of charges against a Kodiak hunter, David Eluska. We granted the state's petition for hearing.

On May 14, 1983, when the deer season was closed, Eluska was found in possession of a freshly killed doe. Eluska was charged with possessing game taken in violation of the Board of Game's regulations...

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