State v. Kuenzi
Wisconsin Court of Appeals
332 Wis. 2d 297, 796 N.W.2d 222 (2011)
- Written by Haley Gintis, JD
Facts
The State of Wisconsin (plaintiff) charged Rory and Robby Kuenzi (defendants) with animal cruelty in violation of WIS. STAT. § 951.02 and with hunting during the closed season in violation of WIS. STAT. ch. 29. The Kuenzis had charged at a group of deer while riding snowmobiles. Three of the deer died from direct injuries. One of the deer died by suffocation after the Kuenzis had tied him by his neck to a tree. A fifth deer had to be euthanized because of his injuries. The Kuenzis each filed a motion to dismiss on the ground that Section 951.02 was inapplicable because their actions constituted hunting, which was regulated by WIS. STAT. ch. 29. The Kuenzis argued that noncaptive wild animals were not protected under Chapter 951 because sections within Chapter 951 could not controvert Chapter 29. The circuit court granted the motions to dismiss. The state appealed.
Rule of Law
Issue
Holding and Reasoning (Lundsten, J.)
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