Posey v. State

SPECTOR, Judge.

Appellant was convicted of second-degree murder and was sentenced to serve twenty years in the state penitentiary. The victim, Larry Lewis, was shot by appellant in the course of an incident wherein the latter tried to get the victim .and his hunting companions off his land.

We know of no authority where-under a landowner may enforce his right to exclusive hunting privileges on his own land by shooting trespassers. As unsportsmanlike as the latter conduct may seem to the landowner, it certainly cannot justify the taking of a life.

This seems particularly true in the case at hand…