State of South Dakota v. William R. Moschell
South Dakota Supreme Court
677 N.W.2d 551 (2004)
- Written by Erin Enser, JD
Facts
South Dakota Game, Fish and Parks (GF&P) was authorized by statute to regulate the hunting, taking, killing, possession, sale, and transportation of game; the devices and weapons used to hunt or kill game; and the maximum number of persons permitted to hunt together as a cooperative group. Any violation of a substantive provision of a GF&P regulation was considered a misdemeanor. William Moschell and his associates (the hunters) (defendants) operated a hunting-guide service. GF&P conducted an undercover investigation of the hunters’ business and observed multiple violations of GF&P regulations. South Dakota (plaintiff) charged the hunters with these violations, and they were subsequently convicted by a jury. The hunters appealed the convictions, arguing that the state’s delegation of power to GF&P was unlawful pursuant to the separation-of-powers doctrine in the South Dakota constitution.
Rule of Law
Issue
Holding and Reasoning (Konenkamp, J.)
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