State v. Link

MALLARD, Chief Judge.

The pertinent portions of the North Carolina General Statutes under which the defendant was charged read, at the time he committed the offense, as follows:

“§ 113-104. Manner of taking game. — * * * Game birds and game animals shall be taken only in the daytime, between sunrise and sunset .... No person shall take any game animals ... by aid of or with the use of any jacklight, or other artificial light. . . .

(G.S. 113-83 provides that, for the purpose of this article, a deer is a “game animal.”)

§ 113-109. Punishment for violation of article. — * * *(b) Any person who…