United States v. Graham F. Jarman, Jr., United States of America v. Carroll B. Robertson, United States of America v. Leroy W. Wheeler

WIDENER, Circuit Judge:

This is a criminal action arising under the Migratory Bird Treaty Act, 16 U.S.C. § 703 et seq., which prohibits the hunting of migratory birds except under certain conditions.

On August 30, 1972, federal agents discovered a heavily baited field on the W. P. Morris farm in eastern North Carolina. On the opening of hunting season for mourning doves three days later, September 2, 1972, the agents returned and found a hunt in progress. The soil had been newly disked, however, and grain was no longer visible. Nevertheless, thirty-three hunters (three of whom now appeal their…