Minnesota case law summary by Attorney Richard Clem: MN fish and game, "taking" defined.

State of Minnesota v. Roger Benedict Schmid. MN fish and game, "taking" defined

Roger Schmid was convicted by a Stearns County jury of deer hunting without the required tag, and he appealed. The Minnesota Supreme Court affirmed the conviction and held:

1. In Minnesota's game and fish laws, the definition of "taking" in Minn. Stat. 97A.015, applies to "take" in Minn. Stat. 97B.301.
2. A jury could reasonably conclude that a person who sat in a camouflaged ATV blind in a field during deer hunting season, wore blaze orange, and had a loaded gun next to him, was "pursuing" or "attempting to take" deer, and therefore violated Minn. Stat. 97B.301.

No. A13-0337 (Minn. Feb. 25, 2015).

Please see the original opinion for the court's exact language.

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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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