State v. Snyder

The opinion of the court was delivered by

Swayze, J.

This is a prosecution for a penalty under the game laws for unlawfully attempting to take, kill, injure and destroy a wild deer. The prosecutor is one of the fish and game wardens of the state.

The first objection is that the prosecutor was himself the officer who served the warrant and arrested the defendant, and it is urged that this was improper because he was interested to the extent of one-third of the penalty.

It is not necessarily fatal to a proceeding that the officer who serves the writ is himself a party. Bennet v. Fuller, 4 Johns.…