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STATE v. SETTLER

83-07-33299; 83-07-33298; 83-07-33295; CA A35093 (Control); CA A35094; CA A35095.

726 P.2d 410 (1986)

81 Or. App. 518

STATE of Oregon, Respondent, v. Mary SETTLER, Appellant. STATE of Oregon, Respondent, v. Carl SETTLER, Appellant. STATE of Oregon, Respondent, v. Randy Alvin SETTLER, Appellant.

Court of Appeals of Oregon.

Decided October 8, 1986.

Reconsideration Denied November 21, 1986.

Review Denied December 30, 1986.

Attorney(s) appearing for the Case

Lawrence Matasar, Portland, argued the cause for appellants. With him on the brief was Hoffman, Matasar & Glaeser, Portland.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

Defendants are Yakima Indians. They appeal from judgments convicting them of receiving, possessing and selling food fish out of season. ORS 509.011(2)(a); 506.991(3). They assign error to the trial court's denial of their motion for judgments of acquittal. We reverse.

Defendants' primary argument is that the state may not enforce its fishing laws against treaty Indians without alleging and proving a conservation necessity for doing so. We have...

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