State v. Vander Houwen

¶1

The owner of severely dam aged orchards was convicted for shooting some of the responsible animals after repeated requests for state remedies were unsuccessful. We reverse both the Court of Appeals and the trial court, and hold that it was error to deny defendant use of jury instructions long held appropriate for such defense.1 We reaffirm the holding that

J.M. Johnson, J.

it may be justly said that one who kills an elk in defense of himself or his property, if such a killing was reasonably necessary for such purpose, is not guilty of violating the law.

*29State v. Burk, 114 Wash. 370, 376, 195…