STATE v. PALMER

No. S-5585.

882 P.2d 386 (1994)

STATE of Alaska, Petitioner, v. Howard PALMER, Respondent.

Supreme Court of Alaska.

October 7, 1994.


Attorney(s) appearing for the Case

Lance B. Nelson, Asst. Atty. Gen., Anchorage, Charles E. Cole, Atty. Gen., Juneau, for petitioner.

John M. Murtagh, Anchorage, for respondent.

Before MOORE, C.J., and RABINOWITZ, MATTHEWS and COMPTON, JJ.


OPINION

MATTHEWS, Justice.

Howard Palmer obtained a permit for himself, his wife, and his son to participate in the 1990 Nelchina caribou hunt. On August 23, 1990, Palmer shot two caribou. The State charged him with violating the bag limit of one caribou under former emergency regulation 5 AAC 85.025(a)(8).

Palmer filed a motion to dismiss the charges, arguing that he could not be prosecuted because the regulation was invalid. The trial court...

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