Archive | Possession of illegally taken wildlife

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State v. Montana Second Judicial District

State v. Montana Second Judicial District, 2015 MT 294 (Oct. 13, 2015) (Baker, J.) (5-0, writ granted, rev’d)

Issue: (1) Whether the Court will accept review of the state’s petition for supervisory control, and (2) whether the district court erred in holding that the limitations period for unlawful possession of wildlife begins to run on the date a person gains control or ownership of the unlawfully taken wildlife.

Short Answer: (1) Yes, and (2) yes. A violation of § 87-6-202(1), MCA, is continuous conduct for statute of limitations purposes.

Writ of supervisory control granted; district court’s dismissal of counts I & V reversed

Facts: The state charged Joseph McGrath with several offenses under Title 87, MCA, including four counts of unlawful possession of wildlife under § 87-6-202(1).…