State v. Krueger
Annotate this CaseThe State charged Defendant with a number of offenses under Mont. Code Ann. Title 87. Defendant moved to dismiss two of the counts for unlawful possession of wildlife on the grounds that the statute of limitations barred prosecution. The district court dismissed the two counts, concluding that the limitations period for unlawful possession of wildlife begins on the date a person takes possession of the unlawfully taken wildlife. The State then petitioned the Supreme Court for a writ of supervisory control presenting the legal question of whether a violation of Mont. Code Ann. 87-6-202(1) is continuous conduct for statute of limitations purposes. The Supreme Court granted the State’s petition and exercised supervisory control, holding that a person stops violating section 87-6-202(1) - and the limitation period begins to run - only when he or she ceases to possess illegally taken wildlife.
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