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STATE v. JOHNSTON

No. 93-141.

867 P.2d 1090 (1994)

The STATE of Montana, Plaintiff and Respondent, v. Rod JOHNSTON, Defendant and Appellant.

Supreme Court of Montana.

Decided January 12, 1994.

Attorney(s) appearing for the Case

Karl Knuchel, Livingston, for defendant and appellant.

Joseph P. Mazurek, Atty. Gen., George Schunk, Asst. Atty. Gen., Helena, Wm. Nels Swandal, Park County Atty., Livingston, for plaintiff and respondent.

HUNT, Justice.

Appellant, Rod Johnston, appeals from a judgment of the Sixth Judicial District Court, Park County, finding him guilty of shooting and taking a bull elk near Gardiner, Montana, before the morning legal shooting time during hunting season.

We affirm.

Appellant raises the following issue on appeal:

Did the Department of Fish, Wildlife, and Parks' (Department) regulations promulgated under § 87-1-201, MCA, regarding legal shooting...

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