Legal Opinion

Somers v. Commonwealth

Supreme Court of Virginia

Decided March 30, 1899PublishedCited by 18 opinions

Error to a judgment of the County Court of Accomac county, rendered September 26, 1898, in a criminal prosecution of the plaintiff in error for violation of oyster laws.

1Opinion of the CourtRiely, J.

The question to he decided in this case is whether it is a *760criminal offence to take or catch oysters with dredges on private oyster ground.

The act of April 28, 1887 (Acts Extra Session 1887, p. 118), and the act of March 5, 1888 (Acts 1887-8, p. 486), amendatory thereof, among other things which they prohibit with respect to oysters, contain a .provision ag.ainst dredging on private oyster ground, even by the owner of the planted oysters, and prescribe a penalty of not less than ten,- nor more than fifty dollars, for each violation of the provision.

Neither of the above acts is affected by…

2Cases cited1 opinion

  1. Fulkerson v. Treasurer of BristolSupreme Court of Virginia · 1897

3Cited by18 opinions

  1. Spratley v. CommonwealthSupreme Court of Virginia · 1930
  2. Cox v. CommonwealthSupreme Court of Virginia · 1924
  3. Trustees of American Bank v. McCombSupreme Court of Virginia · 1906
  4. Brown's Committee v. Western State HospitalSupreme Court of Virginia · 1909
  5. City of Reno v. StoddardNevada Supreme Court · 1917

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