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Missouri v. Guffey

262 S.W.2d 152 (1953)

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Missouri v. Guffey

Missouri Court of Appeals

262 S.W.2d 152 (1953)

Facts

Missouri conservation law contains a provision that makes it illegal to hunt deer during certain periods of the year. To entrap poachers, conservation agents stood a stuffed deer in a field adjacent to and visible from the road. The agents hid in the woods near the fake deer to await potential poachers. The agents saw a car driving slowly along the road, sweeping the fields with two spotlights. When one of the light beams fell on the stuffed animal, the agents heard a voice say, “Wait, there stands one.” The car stopped, and one defendant fired a shotgun at the fake deer. The agents arrested the defendants for unlawfully hunting deer off-season. The agents seized the spotlights, a flashlight, the shotgun, an empty shell, and a loaded shell from the car. The defendants were convicted of violating the conservation statute and appealed to the Missouri Court of Appeals. The defendants argued that no law was violated, because the deer was not a real deer.

Rule of Law

Issue

Holding and Reasoning (Vandeventer, J.)

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