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STATE v. LILBURN

No. 93-404.

875 P.2d 1036 (1994)

STATE of Montana, Plaintiff and Appellant, v. John LILBURN, Defendant and Respondent.

Supreme Court of Montana.

Decided June 9, 1994.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Atty Gen., Chris Tweeten (argued), Chief Deputy Attorney General, Helena; Mike Salvagni, Gallatin County Atty, Bozeman, for appellant.

Richard Ranney (argued) and Shelton Williams, Williams & Ranney, Noel K. Larrivee, Larrivee Law Offices, Missoula, for respondent.

Lon J. Dale, Milodragovich, Dale & Dye, Missoula, for amicus curiae Montana Shooting Sports Ass'n, Inc., Western Montana Fish and Game Ass'n, Inc., and Michigan United Conservation Clubs).

TRIEWEILER, Justice.

Defendant John Lilburn was charged in the Gallatin County Justice Court with the offense of hunter harassment in violation of § 87-3-142(3), MCA. He was convicted of that charge following a jury trial and appealed his conviction to the District Court for the Eighteenth Judicial District in Gallatin County. The District Court held that § 87-3-142, MCA, in its entirety, is facially unconstitutional in that it is both overbroad and vague...

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