State v. Peters

FOSHEIM, Chief Justice.

Appellant Leo C. Peters was charged with trespassing on private land, in violation of SDCL 41-9-1,1 and hunting within 660 feet of livestock, in violation of SDCL 41-9-1.1.2 In a trial to the court he was *218convicted of the former and acquitted of the latter. We reverse the conviction.

The only issue before us is whether appellant was hunting on private land without permission in violation of SDCL 41-9-1. He contends he was not hunting on private land, but rather on a section line right-of-way as permitted generally by SDCL 41-9-1.1. Appellee concedes Mr. Peters was…