State v. McCormack

Robert McCormack, a member of the Nez Perce Tribe, sold elk meat in violation of state wildlife law. The District Court found McCormack guilty. The Superior Court overturned the conviction, concluding that McCormack acted legally within the rights granted to him under a Nez Perce hunting treaty. The State, on appeal, argues that its statute is a necessary conservation measure. As such, the State contends that its statute may regulate activities protected under federally granted treaty hunting rights. The Court of Appeals granted discretionary review. This court accepted certification for…