Milton v. State
Supreme Court of Arkansas
Appeal from Cross Circuit Court; R. E. L. Johnson, Judge; 1. The court erred in holding the lalce in question to be included in the terra “waters of this State.” This was a private lake or pond, and the State had no right or title to the fish in a private lake or pond and' no right to regulate the taking of fish in such. Especially is this so where the lake is in no way connected with any other body of water.
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Appeal from Cross Circuit Court; R. E. L. Johnson, Judge; 1. The court erred in holding the lalce in question to be included in the terra “waters of this State.” This was a private lake or pond, and the State had no right or title to the fish in a private lake or pond and' no right to regulate the taking of fish in such. Especially is this so where the lake is in no way connected with any other body of water. The fish were a product of the lands owned by the appellant’s lessors and belonged to them absolutely as their individual property, and appellants were not guilty of unlawful fishing…
1Opinion of the CourtMcCulloch, C. J.
Appellant is charged with the offense of unlawful fishing, in violation of the statute which makes it unlawful to fish with a seine, net, trap or other device of that character “in any of the waters of this State.” Acts 1915, p. 464.
The case was tried before the court sitting as a jury on an agreed statement of facts, in which it was shown that appellant put out nets in a certain inland lake for the purpose of catching fish. The description of the body of water in which the fishing was done and the circumstances and method thereof is set forth in the agreed statement of facts, as follows:
“It…
2Cases cited2 opinions
- State v. MallorySupreme Court of Arkansas · 1904
- People v. BridgesIllinois Supreme Court · 1892
3Cited by4 opinions
- Arkansas Game & Fish Commission v. StorthzSupreme Court of Arkansas · 1930
- State v. TaylorSupreme Court of Missouri · 1948
- Ohio Water Service Co. v. ResslerOhio Supreme Court · 1962
- Opinion No., Arkansas Attorney General Reports1998