State v. Fertterer
Montana Supreme Court
841 P.2d 467 (1992)
- Written by Erin Enser, JD
Facts
The state of Montana (plaintiff) reported a significant increase in illegal hunting during the 1990s. Wealthy out-of-state hunters paid guides thousands of dollars to hunt game, such as mountain lions, elk, antelopes, and bighorn sheep. The state Department of Fish Wildlife and Parks discovered, during an undercover investigation, that Richard J. Fertterer, Sr., and David John Fertterer (defendants) were operating a large-scale poaching business within the state. The Fertterers were charged and convicted of multiple misdemeanor violations of the state fish and game regulations, as well as multiple counts of felony criminal mischief. The Fertterers appealed the felony criminal-mischief convictions, arguing that wild animals were not property or public property and, as a result, could not be the subject of a charge of criminal mischief.
Rule of Law
Issue
Holding and Reasoning (Weber, J.)
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