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STATE v. TRACY

No. 18978.

539 N.W.2d 327 (1995)

STATE of South Dakota, Plaintiff and Appellee, v. Pat TRACY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 25, 1995.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, for plaintiff and appellee.

James P. Hurley of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant.

GILBERTSON, Justice.

Tracy appeals his conviction under SDCL 41-1-8 for intentionally interfering with the lawful hunting of the Craig Ambach hunting party. Tracy argues the Ambach party was not lawfully hunting and that his conduct did not constitute criminal interference. We reverse the conviction based on our statutory construction of SDCL 41-9-1.1.

FACTS

Pat Tracy is the farm manager for JES Farms, a farm owned and operated by Harvey and...

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