State v. Watters

Defendants — father and son — are Native Americans and members of the Nez Perce Tribe. They appeal convictions for game violations arising out of the killing of two elk out of season and on private property. Defendants contend that, pursuant to an 1855 treaty between the Nez Perce and the United States, they are entitled to hunt and take game from open and unclaimed land that was part of their original hunting grounds, which includes the private property where the elk were killed. The trial court disagreed and, following a trial to the court, convicted defendants. On appeal, defendants make…