State v. Schmid
Annotate this CaseDefendant was convicted of a violation of Minn. Stat. 97B.301, which states that a person may not “take” deer without a license, after he was discovered sitting in a camouflaged blind in an open field, wearing blaze orange, and possessing a loaded gun. At issue on appeal was whether Defendant’s actions constituted a “take” under the applicable definition. The court of appeals affirmed. The Supreme Court also affirmed, holding (1) the statutory definition of “taking” applies to “take”; and (2) under that definition, a jury could reasonably conclude that Defendant took deer by “pursuing” or “attempting to take” deer in violation of section 97B.301.
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