State v. Mallory
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court. Arren Hughes, Judge. The act contains no exceptions, and applies alike to all nonresidents of the State. Cf., Acts 1903, 306, § 4. The property in game is in the State, and it has full power to regulate or prohibit the killing thereof. 161 U. S. 524; 2 Bl.
Read the full summary
Appeal from Crittenden Circuit Court. Arren Hughes, Judge. The act contains no exceptions, and applies alike to all nonresidents of the State. Cf., Acts 1903, 306, § 4. The property in game is in the State, and it has full power to regulate or prohibit the killing thereof. 161 U. S. 524; 2 Bl. Comm. § § 395, 410, 411; 56 Ark. 251; 29 Ind. 409; xox Mich. 98; 103 Mass. 452; 160 Mass. 157; 97 111. 320; 61 Conn. 144; 103 Cal. 476; 133 111. 649; ¿8 Minn. 593 ; 1 Halst. 71; 48 N. J. L. 90. The statute of 1903 is not unconstitutional. 94 U. S. 395; 130 N. Y. 455'; 14 R- I- 398; 7 Mo. App. 524; 139…
1Opinion of the CourtMcCurloci-i, J.
The General Assembly of the State enacted a statute, approved April 24, 1903, entitled “An act to protect the game and fish of the State, and provide for the appointment of game wardens,” and the prosecution in this case is based on the fourth section of that act, as follows:
“Section 4. It shall be unlawful for any person who is a nonresident of the State of Arkansas to shoot, hunt, fish or trap at any season of the year.” ■ Acts 1903, c. 162, § 4.
In other sections of the act the open and closed seasons for killing certain kinds of game are declared, and penalties for violations thereof are…
2Cases cited16 opinions
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Geer v. ConnecticutSupreme Court of the United States · 1896
- McCready v. VirginiaSupreme Court of the United States · 1877
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Eldridge v. TrezevantSupreme Court of the United States · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Harper v. GallowaySupreme Court of Florida · 1909
- Farris v. Ark. State Game & Fish Comm.Supreme Court of Arkansas · 1958
- Lewis v. StateSupreme Court of Arkansas · 1913
- Herrin v. SutherlandMontana Supreme Court · 1925
- Mille Lacs Band of Chippewa Indians v. MinnesotaDistrict Court, D. Minnesota · 1994
23 more not listed; retrieve them via the Exa API.