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STATE v. WATTERS

03M5471, 03M5472; A127144 (Control); A127145.

156 P.3d 145 (2007)

211 Or. App. 628

STATE of Oregon, Plaintiff-Respondent, v. Irvin C. WATTERS, JR., Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Irvin C. Watters, Sr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 4, 2007.

Attorney(s) appearing for the Case

Ronald D. Schenck argued the cause and filed the brief for appellants.

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

EDMONDS, P.J.

Defendants — father and son — are Native Americans and members of the Nez Perce Tribe. They appeal convictions for game violations arising out of the killing of two elk out of season and on private property.1 Defendants contend that, pursuant to an 1855 treaty between the Nez Perce and the United States, they are entitled to hunt and take game from open and unclaimed...

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