State v. Mobbs
Vermont Supreme Court
740 A.2d 1288 (1999)
A Vermont (plaintiff) statute stated that game animals could be taken only during designated open seasons. Scott Mobbs (defendant) was bowhunting when he saw what he thought was a deer approximately 25 yards away through a break in the trees. Mobbs quickly aimed and shot the animal, intending to kill it. The animal ran and Mobbs observed that it was a moose, not a deer. The moose subsequently died. It was not open season for moose. When questioned by the state game warden about the dead moose, Mobbs admitted to shooting it because he thought it was a deer. The state charged Mobbs with taking a moose in closed season in violation of Vermont statutes. Mobbs filed a motion to dismiss, arguing that the charge was for a specific-intent crime and the state could not prove he acted with specific intent because he did not know the animal was a moose when he shot his arrow. The trial court denied Mobbs’s motion, and he was convicted. Mobbs appealed his conviction.
Rule of Law
Holding and Reasoning (Per curiam)
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