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eBook details

• Title: Harry J. Jordan and Robert J. Jordan v.
• Author : Court Of Appeals Of Alaska
• Release Date : January 27, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

SINGLETON, Judge. OPINION Dr. Harry Jordan and his sixteen-year-old son, Robert, were convicted of taking a black bear the same day airborne. 5 AAC 81.075(A)(4). 1 As a penalty, Dr. Jordan's Cessna 185 airplane was ordered forfeited to the state. See AS 16.05.900; AS 16.05.190. 2 Dr. Jordan had previously posted a $10,000 bond to obtain the release of the airplane pending trial. As an alternative to forfeiture of the airplane, Judge Blair offered Jordan the option of forfeiting the bond. The Jordans appeal their convictions contending that their prosecution violated their procedural and substantive due process rights. U.S. Const. amend. XIV; Alaska Const. art. I, § 7. They also argue that the trial court committed reversible error by incorrectly instructing the jury on their defense of necessity. In addition, Dr. Jordan contends that forfeiture of his bond constituted an illegal and excessive fine. We affirm. On September 7, 1982, Dr. Harry Jordan and his son, Robert, were hunting near the Melozitna River. Robert shot a moose. The Jordans salvaged most of the moose meat, taking it by plane to their permanent camp, but left the moose carcass. When they returned later, they discovered a black bear on the carcass. After unsuccessful attempts to drive off the black bear, Robert shot the bear at his father's direction. The Jordans then began skinning the bear. When he heard another plane approaching, Dr. Jordan began to conceal the bear carcass with willow branches. He explained this by saying that even though he felt justified in shooting the bear to protect the moose meat, after the bear had been shot he found that the meat was spoiled and he felt the situation would be too difficult to explain.

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