Legal Opinion

Phelps v. . Racey

New York Court of Appeals

Decided February 2, 1875PublishedCited by 83 opinions

1Opinion of the Court

We concur with the conclusion arrived at by the General Term. With the policy of the statute in question we have no concern, but that the acts complained of, viz., having in possession certain game birds after the first of March, although killed prior to the prohibited time, or brought from another State where the killing was not prohibited, is within the restraint of the statute there can be no doubt. The seventh section declares that no person shall kill or expose for sale, or have in his or her possession after the same has been killed, any quail, between the first day of January and…

2Cases cited2 opinions

  1. Bank of Columbia v. OkelySupreme Court of the United States · 1819
  2. The People Ex Rel. Barlow v. . CurtisNew York Court of Appeals · 1872

3Cited by83 opinions

  1. Lawton v. SteeleSupreme Court of the United States · 1894
  2. Geer v. ConnecticutSupreme Court of the United States · 1896
  3. New York Ex Rel. Silz v. HesterbergSupreme Court of the United States · 1908
  4. People v. . HavnorNew York Court of Appeals · 1896
  5. Ex parte MaierCalifornia Supreme Court · 1894

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