United States v. Benny Huie Green

Appellant Green was convicted after trial before District Judge Charles Allen for “taking” mourning doves “on or over any baited area,” in violation of 50 C.F.R. § 20.21, promulgated under the Migratory Bird Treaty Act, 16 U.S.C. § 703 et seq. (1970). He was sentenced to six months, with all but 15 days suspended, and fined $450.

There was ample proof (albeit vigorously disputed by the hunters) from which the District Judge could find, as he did, that the small island in the. Ohio River where Green and 64 others were arrested with guns and dead birds in possession had been baited with wheat…