Bustemente v. United States
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District in and for ;he County of Pima. J. D. Bethune, Judge. Statement of facts by Hawkins, J. Appellant was indicted, tried, and convicted of the crime of unlawfully cutting and removing from the public lands of the United States “five cords of mesquite cordwood” for a purpose other than for the use of the navy of the- United States, said public lands of the United States being non-mineral.
1Opinion of the CourtHawkins, J.
The only question in this case is whether mesquite is “timber,” within the meaning of section 2461 of the Revised Statutes of the United States. Mesquite is a shrub or small tree, indigenous to the deserts. In United States v. Stores, 14 Fed. 824, Locke, J., in charging the jury, says: “The term ‘timber,’ as used in commerce, refers generally only to large sticks of wood squared, or capable of being squared, for building houses or vessels.” Again, we find: “As a generic term, it [timber] properly signifies only such trees as are used in building ships or dwellings.” United States v. Schuler,…
2Cases cited2 opinions
- United States v. StoresUnited States Circuit Court for the Southern District of Florida · 1882
- United States v. SchulerU.S. Circuit Court for the District of Michigan · 1853
3Cited by4 opinions
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- United States v. SotoArizona Supreme Court · 1901
- Baca Land & Cattle Company and Dunigan Tool & Supply Company v. George W. Savage, Trustee Under Liquidating Trust Agreement, Intervenor-Appellee v. New Mexico Timber, Inc., and T. P. Gallagher & Co., Inc., Baca Land & Cattle Company and Dunigan Tool & Supply Company v. George W. Savage, Trustee Under Liquidating Trust Agreement, Intervenor-Appellant v. New Mexico Timber, Inc., and T. P. Gallagher & Co., Inc., Baca Land & Cattle Company and Dunigan Tool & Supply Company v. George W. Savage, Trustee Under Liquidating Trust Agreement, Intervenor-Appellee v. New Mexico Timber, Inc., and T. P. Gallagher & Co., Inc.Court of Appeals for the Tenth Circuit · 1971
- Baca Land & Cattle Co. v. SavageCourt of Appeals for the Tenth Circuit · 1971