Commonwealth v. Gilbert
Massachusetts Supreme Judicial Court
Indictment, charging that the defendant, on March 29,1893, “ did have in his possession, and did offer and expose for sale, and did sell, one trout, said trout having been taken in this Commonwealth, and not then and there being alive.” Trial in the Superior Court, before Sherman, J., who reported the case for the determination of this court, in substance as follows.
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Indictment, charging that the defendant, on March 29,1893, “ did have in his possession, and did offer and expose for sale, and did sell, one trout, said trout having been taken in this Commonwealth, and not then and there being alive.” Trial in the Superior Court, before Sherman, J., who reported the case for the determination of this court, in substance as follows. The defendant did, on the day charged, sell one dead trout; but he alleged that the trout was one which had been artificially raised, propagated, and maintained by him, and offered to prove certain facts as to the method of…
1Opinion of the CourtAllen, J.
There are two questions in this case, namely, whether the defendant’s act was within the true meaning of the *159statute forbidding the sale of trout; and, if so, whether the statute is constitutional.
1. The defendant contends that the penalty imposed by Pub. Sts. c. 91, § 53, for selling trout, does not extend to the sale of trout which have been artificially propagated and maintained. Whatever force this contention might have if § 53 stood alone, a reference to other sections of the same chapter, and to the history of this legislation, makes it clear that such trout are not exempted. The…
2Cases cited5 opinions
- Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
- Phelps v. . RaceyNew York Court of Appeals · 1875
- Blair v. ForehandMassachusetts Supreme Judicial Court · 1868
- Cole v. Inhabitants of EasthamMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. LookMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
- Townsend v. StateIndiana Supreme Court · 1897
- Commissioner of Natural Resources v. S. Volpe & Co.Massachusetts Supreme Judicial Court · 1965
- Territory v. Hoy ChongHawaii Supreme Court · 1912
- Commonwealth v. HigginsMassachusetts Supreme Judicial Court · 1931
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