Johnson v. United States

STEPHENS, Circuit Judge.

Peter Johnson, Patrick Paul, Ray Johnson, Marten Johnson, Joe Peterson, and Mac Nakamura, appellants herein, were charged with and convicted of illegally fishing for salmon for commercial purposes on August 8, 1952, at Murder Cove, Tyee, Alaska, an area closed to commercial fishing. Appellants admit that they were fishing within an area which had been marked off as closed by the local agent of the Fish and Wildlife Service. However, appellants contend that the Wildlife agent exceeded his authority when he marked off closed areas; and therefore, in fishing within the…