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136 Idaho 322

33 P.3d 213

State v. Thompson

Idaho Court of Appeals

Decided May 10, 2001

Idaho Court of Appeals · decided 2001-05-10

Cited by 1 later decisions — most recently May 2002

1 state decisions

Relies on State v. Howley

Good law ✅— No negative treatment on recordhow we know

Decided 2001-05-10

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Chief Judge SCHWARTZMAN

¶1CONCURRING:

¶2I fully concur in the opinion of this Court. There is something about dispatching a three-point buck bedded down on a languid afternoon under a tree in Ms. Thompson’s *327backyard that does not have quite the same thrust, and ring of exigency, as “black bears,” “mountain lions” and other marauding “predators” molesting livestock. Nor does this appeal* to be the stuff of constitutional necessity,1 as opposed to frustration, in dealing with the Fish and Game bureaucracy. And just why Laura, Wendall and later Eldon combined to make matters worse by gutting, skinning, dehoofíng and deraeking our trespassing quadruped (aka Flag II, see below) eludes me.

¶3Be that as it may, I would commend to all parties a nostalgic return to Marjorie Kinnan Rawling’s novel entitled The Yearling, also made into a wonderful movie of the same name in 1946. Perhaps this could put the case into better perspective, although any similarity between Flag I and Flag II is purely coincidental.

¶4. No request for a common law "necessity" instruction was apparently made or argued for at trial. See Idaho Criminal Jury Instruction 1512; State v. Howley, 128 Idaho 874, 920 P.2d 391 (1996).

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