State v. Blount
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.—Hon. W. H„ Sherman, Judge. (1) The statute under which the indictment was found applies to public waters only, and not to private waters. R. S., sec. 1625. (2) If the language of the statute is broad enough to include within its prohibition the bayou in question, it takes or damages private property without any compensation therefor; it deprives a person of property without due process of law, and is, therefore, unconstitutional and void.
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Appeal from Buchanan Circuit Court.—Hon. W. H„ Sherman, Judge. (1) The statute under which the indictment was found applies to public waters only, and not to private waters. R. S., sec. 1625. (2) If the language of the statute is broad enough to include within its prohibition the bayou in question, it takes or damages private property without any compensation therefor; it deprives a person of property without due process of law, and is, therefore, unconstitutional and void. Constitution of Missouri, art. 2, secs. 21, 30; Constitution of United States, art. 5 of amendments.
1Opinion of the CourtNorton, J.
Defendant was indicted in the Buchanan circuit court for netting and trapping fish in violation of section 1625, Revised Statutes. The cause was tried upon an agreed statement of facts ; defendant was found guilty, and fined two hundred and nine dollars. From this judgment he has appealed. The agreed statement of facts is as follows:
*545“1. That the water described in the indictment is a bayou flowing into and connecting with Lake Con- - trary, in Buchanan county, Missouri, as is shown by McALeer’s map of Buchanan county; and that Lake Contrary is a public body of water; and that the said bayou…
2Cited by10 opinions
- Ex parte FritzMississippi Supreme Court · 1905
- People v. BridgesIllinois Supreme Court · 1892
- Gratz v. McKeeCourt of Appeals for the Eighth Circuit · 1920
- State v. DeMosseSupreme Court of Missouri · 1889
- Applegate v. FranklinMissouri Court of Appeals · 1904
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