Legal Opinion

State v. Weber

Supreme Court of Missouri

Decided June 11, 1907PublishedCited by 9 opinions

Transferred from Kansas City Court of Appeals. (1) The deer in controversy were not game animals in the ordinary and accepted meaning of the term, and were not embraced in,, or germane to, the subject of the game law, as expressed in its title, and were not, therefore, within the provisions of said law. Laws 1905, p. 158; sec. 28, art. 4, Con. of Mo.

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Transferred from Kansas City Court of Appeals. (1) The deer in controversy were not game animals in the ordinary and accepted meaning of the term, and were not embraced in,, or germane to, the subject of the game law, as expressed in its title, and were not, therefore, within the provisions of said law. Laws 1905, p. 158; sec. 28, art. 4, Con. of Mo. (2) The word “deer” as used in the body of the act should be harmonized with the term “game animals,” as used in the title, and to this end it must be confined to -game or wild deer, and cannot be construed to comprehend deer in captivity, which…

1Opinion of the CourtBurgess, J.

At the January term, 1906, of the Jackson County Criminal Court, under an information filed by the prosecuting attorney of said county, the third count of which charged the defendant with having in his possession the carcasses of three deer which did not have thereon the natural evidences of their sex, in violation of section 13 of the act known as the Game Law, approved March 10, 1905 (Laws 1905, p. 158), the defendant was found guilty as charged in said third count, and his punishment assessed at a fine of twenty-five dollars. The cause was tried by the court, trial by jury having been…

2Cases cited16 opinions

  1. Geer v. ConnecticutSupreme Court of the United States · 1896
  2. Ex parte MaierCalifornia Supreme Court · 1894
  3. State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
  4. Magner v. PeopleIllinois Supreme Court · 1881
  5. Stevens v. StateCourt of Appeals of Maryland · 1899

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3Cited by9 opinions

  1. State v. WardSupreme Court of Missouri · 1931
  2. Gratz v. McKeeCourt of Appeals for the Eighth Circuit · 1920
  3. Rosenfeld v. JakwaysMontana Supreme Court · 1923
  4. United States v. McCullaghDistrict Court, D. Kansas · 1915
  5. State v. BennettSupreme Court of Missouri · 1926

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