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Supreme Court Decision - Lowndes County Hunting Case

JWCJWC New MemberPosts: 17 New Member
I have posted the case info before, but just to bring you up to date 2 years ago 3 boys were charged with Hunting at Night, Hunting from a Public Road and Hunting from a Vehicle. They were arrested based on the word of a Retired Game Warden in Lowndes County. No shell casing, no one saw them shoot, no dead animal, NOTHING... They were found Guilty in the Circuit Court of Lowndes County, Found Guilty in the District Court of Lowndes County, the decision was upheld by the Appellate Court but because they DID NOT DO IT we appealed to the Alabama Supreme Court--- THE CASE WAS RESCINDED AND REMANDED FOR ACQUITTAL!


According to the ALDCNR you can be charged with hunting at night if you 1. you have a gun capable to killing an animal, 2.) in an area known to have protected wildlife, 3.) have an artificial light (headlights are considered artificial light). and 4) be at night.


With these simple requirements all of us could be charged with this. Don't believe it? Neither did we. Below is a link to the Supreme Court Decision:

https://acis.alabama.gov/displaydocs.cfm?no=694482&event=4HC0LHTK7


This should have never been allowed to happen... The good ole boy network is alive and well !!!

Replies

  • snake284snake284 Senior Member Posts: 22,429 Senior Member
    Wow! What a mouthful. I haven't read so much legal Jargon since I got my degree in Legal studies. But yeah, that case was pretty hollow. I'm surprised that even with a good ol' boy network in full form that this could have gotten through a regular trial court, much less an appeals court. Yeah, in all fairness to Morrow, there were some unanswered questions, but not enough to produce a guilty verdict beyond a reasonable doubt. There was no evidence at all. If you can get convicted of night hunting on the evidence supplied, in a vehicle on a road where wildlife is know to frequent, with an unloaded gun in the car, and some guy hears shots from 140 yards away, we'd all be in the "Cross Bar Hotel!" Hell I was guilty of most of this tonite. I went to Seadrift TX which is about 18 miles down the road in the SW part of the county. There's deer out the gazoo in the area and I was armed and semi dangerous. But I had no intent to hunt off the road at night. I also didn't have a spot light in my car. Now around here there's places that if you have a spot light and a rifle in your car at night, and you are driving around with no particular destination you can get stopped and searched. But if there's no evidence of wrong doing they still won't arrest you or they can't arrest you, and if they did arrest you, you could take it to court and win.
    One tool the game wardens have here to quell road hunting is "Bucky." That's a fake deer the game wardens put out close to the side of the road to lure the Night Road Hunting game thiefs into taking a shot. And they do. One of our ex football coaches took a shot at him one night and got a nice big fine for doing so. But in your case nobody saw anybody take a shot at anything. This was all vaguely circumstantial evidence. No real evidence no real proof. This sucks.
    Daddy, what's an enabler?
    Son that's somebody with nothing to do with his time but keep me in trouble with mom.
  • NNNN Senior Member Posts: 25,146 Senior Member
  • Six-GunSix-Gun Senior Member Posts: 8,155 Senior Member
    JWC wrote: »
    I have posted the case info before, but just to bring you up to date 2 years ago 3 boys were charged with Hunting at Night, Hunting from a Public Road and Hunting from a Vehicle. They were arrested based on the word of a Retired Game Warden in Lowndes County. No shell casing, no one saw them shoot, no dead animal, NOTHING... They were found Guilty in the Circuit Court of Lowndes County, Found Guilty in the District Court of Lowndes County, the decision was upheld by the Appellate Court but because they DID NOT DO IT we appealed to the Alabama Supreme Court--- THE CASE WAS RESCINDED AND REMANDED FOR ACQUITTAL!


    According to the ALDCNR you can be charged with hunting at night if you 1. you have a gun capable to killing an animal, 2.) in an area known to have protected wildlife, 3.) have an artificial light (headlights are considered artificial light). and 4) be at night.


    With these simple requirements all of us could be charged with this. Don't believe it? Neither did we. Below is a link to the Supreme Court Decision:

    https://acis.alabama.gov/displaydocs.cfm?no=694482&event=4HC0LHTK7


    This should have never been allowed to happen... The good ole boy network is alive and well !!!

    Glad to see this case was rescinded. The criteria for charging someone with night hunting are absurd. I leave the field in a vehicle carrying the required implements to be charged with this crime, as well as traveling in the conditions required...I dunno...every freaking time I'm simply going home after an evening hunt. It would've been a crock for these guys to see penalties given the evidence (or lack thereof).
    Accuracy: because white space between bullet holes drives me insane.
  • zorbazorba Senior Member Posts: 25,045 Senior Member
    Are you sure there wasn't a school board involved with this somehow? :silly:
    -Zorba, "The Veiled Male"

    "If you get it and didn't work for it, someone else worked for it and didn't get it..."
    )O(
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