Commonwealth v. Manimon

This is an indictment under the Pub. Sts. c. 91, § 101, alleging that the defendant dug oysters from certain flats described in a license granted under the provisions of § 97 of the same chapter, without the consent of the persons licensed. There was evidence that the defendant, in digging quahaugs, disturbed and destroyed oysters; that his purpose was to dig quahaugs; and that he took no oysters from the water, and that he did not move or disturb them with intent to take them away. The defendant contends that the digging intended in the statute referred to is an act done with intent to…