Mr. Kelly admittedly has been trying to get arrested for shooting deer w/o a license for the past several years so he could elevate his argument through the court system. However, his argument is, in my opinion, very weak because of the many changes that have occurred since the 1915 precedence (State v. Ward) that Mr Kelly is hanging his hat on. The state now has a “Wildlife Damage Management Program” and a “Deer hunter referral registry” among other things and if Mr Kelly intentions were genuine he should have exhausted his efforts with both of those programs before attempting to take matters into his own hands.
The bottom line is that if you rob a bank you’re a bank robber, if you steal a car you’re a car thief, if you shoot a deer without a license you’re a poacher and in each case, you’re a criminal and criminals need adequate punishment to deter a repeat of their actions. If you’re a law abiding citizen, the issue starts and ends right there!