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Bennett v. State

Evidence that defendants were sitting in deer stands located in baited fields and that they were holding loaded rifles and wearing camouflage clothing without the fluorescent orange required of hunters supported their convictions for two hunting violations.

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William Bennett and Joseph Louis Votta appeal from the denial of their motions for new trial following their joint trial and convictions for hunting deer over a baited field and hunting without wearing orange. Because the issues in each appeal are the sufficiency of the evidence and whether, under OCGA § 27-3-9 c, Department of Natural Resources rangers were required to notify Bennett and Votta that the fields were baited and give them an opportunity to post the fields prior to prosecuting them, the appeals are consolidated.

1. Both Bennett and Votta challenge the sufficiency of the evidence. Viewed with all inferences in favor of the jury’s verdict, Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979, the evidence was that Bennett and Votta, both Florida residents and longtime friends, purchased over 100 acres in Randolph County. On this property, they each placed a trailer in which to stay. Additionally, they built eleven deer stands on the property and installed five wildlife feeders which spread corn around the area. Mineral blocks were also placed around the property.

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