COURT OF CRIMINAL APPEALS OF ALABAMA

January 7, 1986

ROGERS
v.
STATE

... Other jurisdictions have designated the elements. In Florida:

"The displaying or use of a light in a place where deer might be found, and in a manner capable of disclosing the presence of deer together with the possession of firearms or other weapons customarily used for the taking of deer, between one hour after sunset and one hour before sunrise, should be prima facie evidence of intent to violate the provisions of [this Act]." Fla. Statutes § 372.99(2) (1983).

The Washington Supreme Court held that:

"When the state has produced evidence that a defendant has an artificial light and a rifle or other firearm in his possession after sunset in any wooded section or other place where deer or other animals mentioned in the statute may reasonably be expected, the state has then proven a prima facie case of violation of the statute, which requires that the case be submitted to the jury." State v. Person, 56 Wash. 2d 283, 288, 352 P.2d 189, 192 (1960).

Maine has ruled that:

"There are certain elements necessary to night hunting. It must be night time as distinguished from daytime, and within the times set by statue, there must be present and available certain instrumentalities, that is, a light, a gun and ammunition and back of this a purpose to search, find and possess the animal.

". . . . Intent or purpose is evidenced by the acts of the offender." State v. Allen, 151 Me. 486, 489, 121 A.2d 342, 344 (1956).

We find, based upon the language of § 9-11-235, Code of Alabama 1975, that a prima facie case for night hunting is established when the state demonstrates that the accused (1) is in an area which deer or other protected animals are thought to frequent, (2) has in his possession a light, and (3) has in his possession a weapon or other device suitable for taking, capturing, or killing an animal protected by state law, (4) at night.

The appellant was discovered after dark in an area inhabited by deer, having in his possession a rifle. We also find it reasonable to conclude that the headlight of a motorcycle is suitable for "shining" deer, since it can easily be aimed. The fact that he raced to his house and began to remove his clothing in an apparent effort to make it appear he had not been out of his house is additional evidence of guilty intent.

We find the evidence abundant to support the adjudication.

PRIMA-FACIE, EVIDENCE, CASE
Latin for "at first view."

Evidence that is sufficient to raise a presumption of fact or to establish the fact in question unless rebutted.