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STATE v. BRANDNER

Criminal No. 950361.

551 N.W.2d 284 (1996)

STATE of North Dakota, Plaintiff and Appellee, v. Clarence BRANDNER, Elmer Brandner, and Robert Brandner, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied July 18, 1996.

Attorney(s) appearing for the Case

Francis C. Rohrich (argued), State's Attorney, Linton, for plaintiff and appellee.

Donavin L. Grenz (argued), Linton, for defendants and appellants.

MESCHKE, Justice.

Clarence, Elmer and Robert Brandner appeal from criminal convictions of unlawful possession of fishtraps. We affirm.

On April 28, 1995, Wardens Mark Pollert and Paul Freeman of the North Dakota Game and Fish Department were patrolling Beaver Creek in Emmons County by canoe. Wardens Ronald Maier and Richard Knapp accompanied them by vehicle on nearby roads and communicated with them by radio. Near 3:30 p.m. that day, Pollert and Freeman discovered...

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