Cross v. State

This case involves the question as to whether or not a man may protect his property against depredation by protected game animals. This case apparently has been made a test case to determine this point. The facts, insofar as involving such right, have been stipulated by the parties herein and they have apparently to a large extent been modeled after the offered testimony in the case of State v. Rathbone, 110 Mont. 225, 100 P.2d 86. The facts seem to be reasonably accurately stated in the brief of counsel for the state and we adopt that statement. It is as follows:

By criminal complaint filed…