Phillips v. State

¶1

¶2Although I agree with the majority opinion, I feel compelled to concur specially to address my concerns about the "hunting-over-a-baited-field" statute. As the majority notes, certain "innocent" hunters may be placed in a precarious position by the statute. Therefore, I encourage the legislature to re-examine the statute carefully and to decide whether it truly intended for hunting over a baited field to be a strict liability offense. If it did not, the legislature should rewrite the statute to include specific language designating the culpable mental state required for the offense.