840 N.W.2d 843
Minn. Ct. App.2013Background
- Warden found Robert Schmid in a Stearns County deer-hunting area during deer season, sitting in a camouflage blind, blaze-orange attire, with a loaded 12-gauge shotgun.
- Schmid’s hunting license lacked a site tag and he did not have a bonus permit for a second deer; officer cited him for hunting without a license under Minn. Stat. § 97B.301, subd. 1 (2010).
- Schmid challenged the citation, offering multiple explanations (hunting party, nature watching, coyote hunting); he and his wife gave exculpatory testimony at trial.
- District court denied Schmid’s pretrial motion to dismiss based on State v. Ritter (1992); trial proceeded with Schmid Convicted after jury verdict.
- Issue presented whether Schmid’s entering a deer-hunting area, sitting in a blind, and waiting with a weapon constitutes “pursuing” deer under Minn. Stat. § 97A.015, subd. 47 (2010).
- Court held that entering deer habitat and waiting to shoot constitutes “pursuing” deer, affirming the conviction for taking deer without a license.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does entering deer habitat and waiting to shoot count as pursuing deer? | Schmid argues not pursuing. | State argues yes, it is pursuing. | Yes; entering habitat to intercept and shoot is pursuing. |
Key Cases Cited
- State v. Ritter, 486 N.W.2d 832 (Minn.App. 1992) (application to hunting-while-intoxicated statute; preparatory conduct not taking)
- Jenks v. Ludden, 34 Minn. 482, 27 N.W. 188 (1886) (historic meaning of pursuit and course)
- Kelly v. S. Minn. R. Co., 28 Minn. 98, 9 N.W. 588 (1881) (common meaning of pursuit)
- Weaver v. Miss. & Rum River Boom Co., 30 Minn. 477, 16 N.W. 269 (1883) (pursuit as a common meaning in context)