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STATE v. HUEBNER

No. 90-472.

827 P.2d 1260 (1992)

STATE of Montana, Plaintiff and Respondent, v. Corey HUEBNER, Defendant and Appellant.

Supreme Court of Montana.

Decided March 9, 1992.

Attorney(s) appearing for the Case

Samuel M. Warren argued, Worden, Thane & Haines, Missoula, for defendant and appellant.

Marc Racicot, Atty. Gen., Jennifer Anders argued, Asst. Atty. Gen., Helena, Loren Tucker, County Atty., Mark David Hoffman, Deputy, Virginia City, for plaintiff and respondent.

Michael Donahoe, Helena, William Boggs argued, Missoula, for amicus curiae.

TURNAGE, Chief Justice.

Corey Huebner was convicted by a jury in the District Court of the Fifth Judicial District, Madison County, of the misdemeanor charge of wasting game in violation of § 87-3-102, MCA (1989). He appeals. We affirm.

The following issues decide this appeal:

1. Is § 87-3-102, MCA (1989), unconstitutionally vague or overbroad?

2. Did the District Court err by failing to instruct the jury as to criminal intent?

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