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STATE v. DAVIS

No. 23857.

51 S.W.3d 869 (2001)

STATE of Missouri, Plaintiff-Respondent, v. Robert D. DAVIS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

July 20, 2001.

Attorney(s) appearing for the Case

Keith D. Sorrell, Spain, Merrell and Miller, L.L.P., Poplar Bluff, Attorney for Appellant.

Robert Z. Oberzalek, Prosecuting Attorney of Shannon County, Eminence, Attorney for Respondent.

GARRISON, J.

Robert D. Davis ("Defendant") was charged with the attempt to take deer with the aid of dogs in violation of Section 252.040, RSMo 2000, and 3 CSR 10-7.410(1)(D) (2000). After a bench trial, he was convicted and fined $75.00 plus court costs. He appeals his conviction, asserting that there was insufficient evidence to support his conviction, and that 3 CSR 10-7.410(1)(D) (2000) does not prohibit the attempt to take deer with the aid of dogs.

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