Legal Opinion · Dissent

Crosby v. State

Supreme Court of Georgia

Decided November 12, 1904Published

Accusation of unlawful sale of wild deer. Before Judge Gale. City court of Brunswick. August 22, 1904.

1DissentLamar, J.

Since deer are not treated in law as domestic (Long Point Co. v. Anderson, 19 Ont. Rep. 487), it would no doubt require positive or circumstantial evidence to show that a particular deer had lost its natural quality of wildness by being domesticated or confined. Civil Code, §3073; Manning v. Mitcherson, 69 Ga. 447. But there can be no need to offer evidence and prove that which is true as matter of law. Nor in the first instance will one be required to prove that an animal has the *201very quality of wildness which the definitions and classifications of the law recognize as belonging to it. It is…

2Cases cited3 opinions

  1. Reich v. StateSupreme Court of Georgia · 1879
  2. Manning v. MitchersonSupreme Court of Georgia · 1883
  3. Amos v. StateSupreme Court of Georgia · 1866

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