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STATE v. ELLIOTT

No. 90-512.

616 A.2d 210 (1992)

STATE of Vermont v. Raleigh ELLIOTT, et al.

Supreme Court of Vermont.

Motion for Reargument Denied August 25, 1992.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Att., Gen., William E. Griffin, Chief Asst. Atty. Gen., and Susan R. Harritt and Andrew M. Eschen, Asst. Attys. Gen., Montpelier, for plaintiff-appellant.

Gabor Rona of Rubin, Rona, Kidney & Myer, Barre, and Neil Mickenberg of Mickenberg, Dunn, Sirotkin & Dorsch, Burlington, for defendants-appellees.

ALLEN, C.J., and GIBSON and MORSE, JJ., and BARNEY, C.J. (Ret.) and PECK, J. (Ret.), Specially Assigned.

MORSE, Justice.

Defendants are individuals in a group of thirty-six people who were charged with fishing without a license under 10 V.S.A. §§ 4251(a), 4266. The cases arose primarily from an October 18, 1987 "fish-in" demonstration and were consolidated for trial. Before trial, defendants moved to dismiss based on the doctrine of "aboriginal rights." They claimed the doctrine prohibited the prosecution of Native Americans if they were members of a currently...

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