State of South Dakota v. Anselem H. Rumpca

Summary

The Supreme Court of South Dakota affirmed Anselem Rumpca’s conviction for trespass-hunting without permission under SDCL 41-9-1. The court held that shooting at a pheasant flying over private property constitutes hunting on private land, even when the shooter is located on a public roadway. It also upheld the revocation of Rumpca’s hunting privileges under SDCL 41-9-8 because the bird was not taken lawfully.

Holdings

1. The trial court did not err in finding Rumpca guilty. The appellate court will not reassess witness credibility or reweigh conflicting evidence, and the clearly erroneous rule does not apply to a trial judge's finding of guilt in a criminal case.
2. Shooting or shooting at a pheasant flying over private property constitutes hunting upon private land and violates SDCL 41-9-1 unless the hunter owns or possesses the land or has the owner's or lessee's permission.
3. Revocation of Rumpca's hunting license for one year was proper because the pheasant was not taken lawfully.

Questions Presented

1. Whether the trial court erred in finding beyond a reasonable doubt that Rumpca shot at a pheasant while it was flying over Weber's private land.
2. Whether shooting at a bird flying over private land from a public roadway constitutes hunting upon private land without permission under SDCL 41-9-1.
3. Whether revocation of Rumpca's hunting privileges was proper under SDCL 41-9-8.

Disposition

affirmed