Commonwealth v. Howes

This is a criminal complaint brought against the defendant, under G. L. c. 130, § 84, wherein, in substance, it is charged that the defendant on September 24, 1927, did take clams from the shores and tide waters of the town of Barnstable without a permit, for other than *71his family use. The defendant, before arraignment in the District Court, and on appeal in the Superior Court, moved to dismiss the complaint for lack of jurisdiction on the ground that the statute if enforced against him would deprive him of his property without due process of law, would take his private property for public…