State v. Thompson
Idaho Court of Appeals
948 P.2d 174 (1997)
A plainclothes Idaho Fish and Game officer approached Charley Thompson (defendant) because he suspected that Thompson planned to hunt without a license. Not knowing the man was an officer, Thompson spoke at length about his hunting experience, his bow, and his arrows. Thompson told the officer he was waiting for his coworkers and that they planned to go elk hunting, during which Thompson might hunt or call (i.e., make noises to attract elk) for the others. Thompson also said he would go hunting alone if his coworkers did not arrive. The officer then observed Thompson change into camouflage hunting gear, which was commonly used for bowhunting, and gather his bow and arrows before heading off. When the officer approached him again, Thompson had a string release aid around his wrist and an elk call in his mouth. Arrows found in Thompson’s quiver included a variety used to kill elk. After Thompson admitted he did not have a license, the officer issued him a citation. The state (plaintiff) charged Thompson with hunting without a license, a misdemeanor. Thompson was found guilty. Thompson appealed, arguing that the state had failed to prove beyond a reasonable doubt that he was hunting.
Rule of Law
Holding and Reasoning (Schwartzman, J.)
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