State v. Ashby

[¶ 1] Defendant Bracy Ashby appeals from a judgment entered in the Superior Court (Washington County, Mead, J.) on a jury verdict finding him guilty of fishing near floating equipment (Class D), 12 M.R.S.A. § 6957 (Supp.1999). Defendant argues that because the equipment was not properly marked in accordance with the statute, there was insufficient evidence to support his conviction, and that the court erred in its jury instructions. We agree and vacate the judgment.

[¶ 2] The relevant facts may be summarized as follows: On November 24, 1997, a site manager for Maine Aqua Foods and a Maine…