State v. CherryAnnotate this Case
The Supreme Court affirmed the judgment of the district court affirming a justice court verdict finding Appellant guilty of failure to obtain landowner permission for hunting, holding the district court correctly affirmed Appellant's conviction.
Specifically, the Supreme Court held (1) under Mont. Code Ann. 87-6-415, the justice court and the district court did not err when they declined to adopt Appellant's argument that "hunting" and "taking or attempting to take" a game animal are separate, distinct actions that the State has the burden of proving; and (2) the justice court did not abuse its discretion by allowing the State to submit its jury instructions after the deadline.