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STATE v. BUCHANAN

No. 15163-8-III.

941 P.2d 683 (1997)

87 Wash.App. 189

The STATE of Washington, Appellant, v. Donald Ray BUCHANAN, Respondent.

Court of Appeals of Washington, Division 3, Panel Seven.

Reconsideration Denied September 2, 1997.

Attorney(s) appearing for the Case

Kenneth L. Ramm, Jr., Deputy Prosecuting Attorney, Yakima, for Appellant.

David S. Vogel, Law Offices of David S. Vogel, Seattle, for Respondent.

SCHULTHEIS, Acting Chief Judge.

The Nooksack Indian Tribe is restricted by an 1855 treaty to hunting "open and unclaimed" lands in the Washington Territory. Donald Buchanan, a Nooksack tribal member, was charged by information with possessing two elk out of season and hunting in a wildlife area without a valid license. The Yakima County Superior Court dismissed the charges on the basis that he had a treaty right to hunt in the wildlife area. On appeal, the State contends...

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