State v. Austin

The State appeals an order entered in the Twelfth Judicial District, Hill County, dismissing the charges against defendants for violating section 87-3-122, MCA, fish and wildlife regulation making illegal spotlighting from a motorized vehicle while in possession of weapons. We affirm the order dismissing the charges, but for reasons different from those given by the court below.

On November 3, 1983, at 6:25 p.m., Officer Gary Benson of the Department of Fish, Wildlife and Parks issued complaints with notices to appear in Justice Court to Pat Wayne Austin and Wayne R. Cross. The complaints…