State v. Mrozinski
Supreme Court of Minnesota
Joseph Mrozinski and William Mrozinski were indicted December 14, 1893, by the Grand Jury of Dakota county for the crime of wrongfully, unlawfully and willfully catching, taking and killing, in the Mississippi River opposite Red Rock, on August 20, 1893, twenty three fish otherwise than by angling for them with hook and line, to-wit, with a net or seine, contrary to Laws 1891, ch. 9, § 17, as amended by Law's 1893, ch. 124, § 15. When arraigned before the court the…
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Joseph Mrozinski and William Mrozinski were indicted December 14, 1893, by the Grand Jury of Dakota county for the crime of wrongfully, unlawfully and willfully catching, taking and killing, in the Mississippi River opposite Red Rock, on August 20, 1893, twenty three fish otherwise than by angling for them with hook and line, to-wit, with a net or seine, contrary to Laws 1891, ch. 9, § 17, as amended by Law's 1893, ch. 124, § 15. When arraigned before the court the defendants demurred to the indictment on the ground that the facts stated therein do not constitute a publip offense. The court,…
1Opinion of the CourtMitchell, J.
The trial court certified several questions for the opinion of this court; but as counsel have argued only one, viz. the constitutionality of Laws 1893, ch. 124, § 15, we will not consider the others. The section reads as follows:
“No person at any time shall catch, take or kill any fish in any other manner than by angling for them with a hook and line held in the'' hand or attached to a rod or pole (except that suckers and buffalo fish may be taken with a spear during the months of April and May) or have in possession or under control any fish caught taken or killed by any other manner except…
2Cases cited1 opinion
- Missouri, Kansas & Texas Trust Co. v. McLachlanSupreme Court of Minnesota · 1894
3Cited by10 opinions
- Missouri, Kansas & Texas Trust Co. v. McLachlanSupreme Court of Minnesota · 1894
- Gibbons v. Missouri, K. & T. R. Co.Supreme Court of Oklahoma · 1930
- Barker v. State Fish CommissionWashington Supreme Court · 1915
- State ex rel. Keith v. ChapelSupreme Court of Minnesota · 1896
- State v. Armour & Co.North Dakota Supreme Court · 1913
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