Legal Definitions - stable stand

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Definition of stable stand

The term stable stand refers to a historical legal concept under English forest law. It described a situation where a person was found within a royal forest under circumstances that created a strong presumption of their immediate intent to poach (illegally hunt) the King's deer. This legal principle allowed authorities to infer intent to commit a crime based on a person's presence, location, and preparations, even if the actual act of hunting had not yet occurred.

Here are some examples illustrating the concept of a "stable stand":

  • Imagine a person discovered deep within the royal forest at dawn, carrying a large, empty game bag and a specialized deer call, but without any legal authorization to hunt. This scenario would constitute a stable stand because their presence in a specific location (royal forest), at a particular time (dawn, often favored for hunting), and with specific tools (game bag, deer call) strongly suggested an intent to poach deer, even if they had not yet shot one.

  • Consider an individual found near a known deer watering hole within the King's protected lands, having recently dug a concealed pitfall trap designed for large game. The act of preparing such a trap in a strategic location (watering hole) within a protected area would historically serve as presumptive evidence of their intent to capture royal deer, thereby qualifying as a stable stand, even before any animal had fallen into the trap.

  • During a nighttime patrol, a forest guard encounters someone hiding in dense undergrowth near a well-used deer trail, equipped with a silent crossbow and a lantern with a darkened lens. The combination of being hidden in a prime hunting spot at night, possessing a weapon suitable for silent poaching, and using a modified light source, would historically be considered a stable stand, indicating a clear intent to illegally hunt the King's deer.

Simple Definition

In historical forest law, a "stable stand" referred to a person found in a royal forest in a specific posture that indicated an intent to poach deer. This included being ready to shoot with a bent bow or standing near a tree with greyhounds on a leash, prepared to release them. Such a position was considered presumptive evidence of an intent to steal the Crown's deer.

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