Sherrill v. State
Supreme Court of Arkansas
Appeal from Garland Circuit Court; S. W. Leslie, Special Judge; 1. If the indictment is to stand at all, it must be under § 3600, Kirby’s Digest; yet appellant was tried and convicted under § 3602, Id, This could not properiy be done. 58 N. H. 348. 2. The latter statute, § 3602, is in violation of the Constitution forbidding monopolies, and the granting of special privileges or immunities to certain persons or classes not extended to all.
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Appeal from Garland Circuit Court; S. W. Leslie, Special Judge; 1. If the indictment is to stand at all, it must be under § 3600, Kirby’s Digest; yet appellant was tried and convicted under § 3602, Id, This could not properiy be done. 58 N. H. 348. 2. The latter statute, § 3602, is in violation of the Constitution forbidding monopolies, and the granting of special privileges or immunities to certain persons or classes not extended to all. (Art. 2, § §18 and 19, Const.) 1. Appellant was not misled by the omission of the words “fish trap” from the body of the indictment. 2. The conviction was…
1Opinion of the CourtMcCurroch, J.
Appellant was tried and convicted under the following indictment:
“The grand jury of Garland County, in the name and by the authority of the State of Arkansas, accuse Frank Sherrill of the crime of placing a fish trap in the Ouachita River, committed as follows, to-wit: The said Frank Sherrill, in the county and State aforesaid, on the 27th day of November, A. D. 1906, did unlawfully place and erect and cause to be placed and erected in the waters of the State of Arkansas, to-wit: Ouachita River, and then and there unlawfully did-catch fish with said trap as aforesaid, said fish not then and…
2Cases cited1 opinion
- Richardson v. StateSupreme Court of Arkansas · 1905
3Cited by9 opinions
- Anthony v. VeatchOregon Supreme Court · 1950
- Sims v. AhrensSupreme Court of Arkansas · 1925
- Bailey v. HollandCourt of Appeals for the Fourth Circuit · 1942
- People v. ZimbergMichigan Supreme Court · 1948
- State v. AdamsSupreme Court of Arkansas · 1920
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