State v. Leavitt
Supreme Judicial Court of Maine
On exceptions by defendant. Overruled. Complaint against the defendant for digging clams on Scarboro flats, Cumberland County, in violation of the provisions of Private and Special Laws, 1903, chapter 317. On this complaint a warrant was duly issued by a trial justice in said county. Presumably the defendant was convicted in the trial justice court although the record is silent on that point.
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On exceptions by defendant. Overruled. Complaint against the defendant for digging clams on Scarboro flats, Cumberland County, in violation of the provisions of Private and Special Laws, 1903, chapter 317. On this complaint a warrant was duly issued by a trial justice in said county. Presumably the defendant was convicted in the trial justice court although the record is silent on that point. The defendant then appealed to the Superior Court in said county, and the appeal was entered at the May term, 1908, of said Superior Court at which said term “the defendant filed a demurrer to the…
1Opinion of the CourtSavage, J.
Complaint for digging clams in violation of the provisions of chapter 317, Private and Special Laws of 1903. The case comes up on exceptions to the overruling of the defendant’s demurrer.
The statute in question is as follows :
"Section 1. No person shall take or dig or destroy in any manner clams in any of the shores or flats within the town of Scarboro from the first day of April until the first day of October in each year under a penalty of not less than ten or more than one hundred dollars for each and every violation of this statute.
Section 2. The aforesaid section shall not apply to…
2Cases cited27 opinions
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- United States v. CruikshankSupreme Court of the United States · 1876
- Barbier v. ConnollySupreme Court of the United States · 1884
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Hayes v. MissouriSupreme Court of the United States · 1887
22 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- American Pelagic Fishing Company, L.P. v. United StatesCourt of Appeals for the Federal Circuit · 2004
- Burgess v. M/V TamanoDistrict Court, D. Maine · 1973
- Takahashi v. Fish & Game CommissionCalifornia Supreme Court · 1947
- Bell v. Town of WellsSupreme Judicial Court of Maine · 1989
- Bishop v. MahikoHawaii Supreme Court · 1940
24 more not listed; retrieve them via the Exa API.