[DOWNLOAD] "State v. Britton" by Montana Supreme Court " eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Britton
• Author : Montana Supreme Court
• Release Date : January 02, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

APPEAL FROM: District Court of the Fifth Judicial District, In and for the County of Jefferson, The Honorable Frank M. Davis, Judge presiding Submitted on Briefs: January 11, 2001 1¶ Michael Britton moved to dismiss hunting license-related charges against him in Jefferson County Justice Court on the basis that Montana's residency laws are so vague as to violate due process. After his motion was denied, Britton pled guilty to two counts of swearing and affirming to a false statement to obtain a Montana resident hunting license in violation of § 87-2-106, MCA, reserving the right to appeal to the Fifth Judicial District Court, Jefferson County, on his challenge to the residency laws. The Justice Court sentenced Britton and he appealed. 2¶ In the District Court, Britton again moved to dismiss the charges on vagueness grounds. At the hearing on his motion, Britton's counsel represented that Britton had registered to vote in Montana, obtained a Montana identification card, licensed his vehicle in Montana, and his wife had purchased real property in Jefferson County, Montana, on which they were building a residence. Britton neither testified nor filed his own affidavit. His argument was that § 87-2-102, MCA (1995), is vague because other Montana statutes define residency differently for purposes such as voting, dissolution of marriage, college attendance and taxation. The District Court rejected Britton's argument, determining that the fish and game residency requirements are neither vague nor ambiguous, and affirmed Britton's Justice Court conviction. Britton appeals to this Court and we affirm.

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