Wells Fargo & Co. Express v. State
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James S. Steel, Judge; x. It is admitted that it was not necessary to allege nor prove an intent to violate the law . in this case, but it was admissible for the defendant to prove that it had been imposed upon by the shipper, and that it was ignorant of the fact that it was receiving game for shipment. Proof of justification or excuse must come from the defendant. 48 Ark. 27. See also 1 Bishop’s Crim.
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Appeal from Polk Circuit Court; James S. Steel, Judge; x. It is admitted that it was not necessary to allege nor prove an intent to violate the law . in this case, but it was admissible for the defendant to prove that it had been imposed upon by the shipper, and that it was ignorant of the fact that it was receiving game for shipment. Proof of justification or excuse must come from the defendant. 48 Ark. 27. See also 1 Bishop’s Crim. Eaw, § 303. 2. The act (Kirby’s Digest, § 3620) is unconstitutional, because by its terms it applies not only to game killed within this State, but also to game…
1Opinion of the CourtHill, C. J.
At Mena, Polk County, Arkansas, W.- H. Graves delivered to the appellant express company for shipment to Senter Commission Company, at St. Eouis, Missouri, three packages of furs. A constable with a search warrant opened the packages while in the possession of the Express Company, and found they contained game, a saddle of venison and eight wild turkeys. The circuit court, without a jury, tried the case, and found that the agent and employees of the express company were without knowledge that the packages contained game. The court found the appellant guilty by reason of having received the…
2Cases cited5 opinions
- Geer v. ConnecticutSupreme Court of the United States · 1896
- In Re RahrerSupreme Court of the United States · 1891
- People v. RobyMichigan Supreme Court · 1884
- Organ v. StateSupreme Court of Arkansas · 1892
- Redmond v. StateSupreme Court of Arkansas · 1880
3Cited by9 opinions
- Hershorn v. PeopleSupreme Court of Colorado · 1941
- People v. FernowIllinois Supreme Court · 1919
- State v. CoxOregon Supreme Court · 1919
- State Ex Rel. Black v. Southern Express Co.Supreme Court of Alabama · 1917
- State v. OpieOregon Supreme Court · 1946
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