¶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,
¶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).