State v. Stasso

563 P.2d 562 (1977)

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State v. Stasso

Montana Supreme Court
563 P.2d 562 (1977)

Facts

The State of Montana (plaintiff) charged Lasso Stasso (defendant) with killing a deer outside of the state hunting season. Stasso argued he was a member of the Salish and Kootenai Indian Tribes (tribe) and that when he killed the deer, he was exercising his right under the 1855 Treaty of Hell Gate. The Treaty of Hell Gate permits tribal members to hunt on “open and unclaimed lands” outside of the tribe’s reservation but within its aboriginal territory. Stasso argued that the national forest lands he hunted on were included within that treaty right and, because he was exercising federally protected treaty rights, state regulatory laws, including deer seasons, did not apply to him. The justice court (a limited-jurisdiction court that hears, among other matters, certain misdemeanor offenses) disagreed, and Stasso was convicted of violating state hunting law. Stasso appealed to the district court, which reversed and held that Stasso could not be prosecuted for violating state hunting laws because he was exercising federal treaty rights. The state appealed to the Montana Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Harrison, J.)

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