Legal Opinion

People v. Kyser

New York County Courts

Decided October 15, 1912PublishedCited by 2 opinions

Dependant was convicted of violating the Conservation Law hy fishing with the net in the waters of Oneida lake, upon a trial by a jury in a Court of Special Sessions of the town of Camden in. this county, and appeals therefrom.

1Opinion of the Court

Hazard, J.:

The most serious question raised by this appeal is that of the jurisdiction of the court. Defendant has been convicted upon evidence which, to my mind, is satisfying of his guilt; but it appears that the illegal fishing was done in Oneida lake at a point which, under normal conditions, would be upon dry land in the town of Lenox in the county of Madison. It is undoubtedly true that the greater portion, and all of the easterly end of *236Oneida lake, is in Oneida county, and it is, therefore, the contention of the people that, inasmuch as the defendant was illegally fishing in Oneida…

2Cases cited1 opinion

  1. Champlain & St. Lawrence Rail Road v. ValentineNew York Supreme Court · 1853

3Cited by2 opinions

  1. BD. OF TRUSTEES OF INTERNAL v. Walker RanchDistrict Court of Appeal of Florida · 1986
  2. People v. Aubey, New York County Courts1962

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