STATE v. SHABAIASH

No. C4-91-1485.

485 N.W.2d 724 (1992)

STATE of Minnesota, Respondent, v. Russell SHABAIASH, et al., Appellants.

Court of Appeals of Minnesota.

May 26, 1992.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Stephen B. Masten, Sp. Asst. Atty. Gen., St. Paul, Alan L. Mitchell, St. Louis Co. Atty., John E. DeSanto, Asst. Co. Atty. Duluth, for respondent.

Wesley R. Martins, Indian Legal Assistance Program, Duluth, for appellants.

Considered and decided by LANSING, P.J., and NORTON, and DAVIES, JJ.


OPINION

DAVIES, Judge.

Appellants challenge their convictions on misdemeanor charges related to spear fishing, alleging that they are entitled to exercise, as individuals, fishing rights under the 1854 treaty with the Chippewa of Lake Superior. We disagree and affirm.

FACTS

Chippewa-Government Agreements

The parties agree that the Chippewa of Lake Superior, which entered into the 1854 treaty with the United States Government...

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