THOMSEN, Chief Judge.
This case presents the question whether and under what circumstances "taking" migratory birds during the hunting season in a field over which corn has been scattered before the season opens amounts to a violation of the Migratory Bird Treaty Act, 16 U.S.C.A. §§ 703-711, and regulations promulgated thereunder.
The information filed against Tarmon, Brogley and five others charges that on or about the 9th day of November, 1962...
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