This is an action of replevin to recover the carcass of a deer. Both P and D were hunting deer. P and his companion fired shots at the deer in question. It was wounded but immediately thereafter D saw the same deer and fired a shot that immediately killed it. The deer was dead and when D reached it he carried it away. P did not possess a valid hunting license which was required by state law. The trial judge found that the deer was not so wounded by P to change its status as animal ferae naturae such that it was about to be deprived of its liberty. The court held for D and P appealed.

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