State v. Banks
Supreme Judicial Court of Maine
On exceptions. Complaint, on appeal, from the municipal court of the city of Bath, by respondents, in which they are charged with violating the provision of section 2, chapter 463, of the Private and Special Laws of 1885, entitled, "An Act for the protection of Bass in Winnegance Creek.” called attention to the decisions of the court in State v. Bartlett, 55 Maine, 220; State v. Lawrence, 57 Maine, 574; State v. Cleaves, 59 Maine, 298. I do not overlook the fact that these…
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On exceptions. Complaint, on appeal, from the municipal court of the city of Bath, by respondents, in which they are charged with violating the provision of section 2, chapter 463, of the Private and Special Laws of 1885, entitled, "An Act for the protection of Bass in Winnegance Creek.” called attention to the decisions of the court in State v. Bartlett, 55 Maine, 220; State v. Lawrence, 57 Maine, 574; State v. Cleaves, 59 Maine, 298. I do not overlook the fact that these cases were decided prior to the act, c. 92, laws of 1879, which adds this clause, "and the fact that he (the accused)…
1Opinion of the CourtVirgiN, J.
This isa complaint for "using in Winnegance Creek, a net of not less than six inches mesh,” in violation of c. 463, Priv. and Spec. Laws of 1885.
A witness for the prosecution testified that he saw the net when it was taken out and was lying on the ice, and on measuring the mesh, found it to be only three inches. Neither of the defendants offered to testify. The county attorney urged in argument to the jury, that the defendants sat in court, heard the testimony relating to the size of the mesh, and did not take the stand to deny it.
In his charge to the jury, the presiding justice, after…
2Cases cited2 opinions
- Commonwealth v. HarlowMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
3Cited by10 opinions
- State v. WhiteSupreme Judicial Court of Maine · 1972
- State v. MottramSupreme Judicial Court of Maine · 1962
- State v. ChisnellWest Virginia Supreme Court · 1892
- State v. TibbettsSupreme Judicial Court of Maine · 1973
- State v. FergusonSupreme Court of Iowa · 1939
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