State v. Davis

Robert D. Davis (“Defendant”) was charged with the attempt to take deer with the aid of dogs in violation of Section 252.040, RSMo 2000, and 3 CSR 10-7.410(1)(D) (2000). After a bench trial, he was convicted and fined $75.00 plus court costs. He appeals his conviction, asserting that there was insufficient evidence to support his conviction, and that 3 CSR 10-7.410(1)(D) (2000) does not prohibit the attempt to take deer with the aid of dogs.

In a court-tried case the sufficiency of the evidence is determined by the same standard as in a jury-tried case, and that is whether or not there was…