Schnabel v. State

OPINION

SINGLETON, Judge.

John Schnabel was convicted of operating wheeled equipment in a salmon stream without a permit. AS 16.05.870(b), 16.05.-880. He appeals contending that the trial court (1) improperly instructed the jury and (2) erred in denying his motion for judgment of acquittal. We affirm.

Schnabel owns and operates a gold mine in the vicinity of Haines, Alaska. Summer access to the mine is along Porcupine Road. In the winter an alternate route is used which requires crossing of the Klehini River. Porcupine Road was closed by the state during the winter of 1982 so Schnabel’s only…