State v. Guidry

The accused is prosecuted under section 18 of Act 54, p. 126, of 1914, which makes it “unlawful for any person to knowingly or willfully take oysters, shells, or cultch, bedded or planted by a lessee under this act.”

A first conviction was set aside by this court in April last (No. 22346, 142 La. 422, 76 South. 843), where a full statement of the case is made.

The case is now here on writs of certiorari and prohibition, and is restricted to the question of the admissibility of the evidence offered by accused to show that the place where he took the oysters was a natural oyster reef.

The evidence…