Smith v. State

— Appellant was convicted before a justice of the peace, under §2209 Bums 1894, §2107 Horner 1897, which reads as follows: “Whoever shoots or destroys * * * or has. in his possession any quails * * * *612during the period from the first day of Tanuary of any year to the tenth day of November of .the same year, * * * shall be fined,” etc., upon an affidavit charging him with having in his possession on the 5th day of February, 1900, one quail. Upon appeal to the criminal court the appellant, having pleaded not guilty, was again convicted and fined upon the following evidence: “Said defendant…