State v. . Woodard
Supreme Court of North Carolina
Indictment for unlawful fishing in the waters of Al-bemarle Sound, tried before Brown, J., at Spring Term of the Superior Court of Bertie County. The defendant was indicted under Chapter 51, Acts 1897, which prohibits the setting of any anchor, drift, or staked gill nets in Albemarle Sound over 20 yards in length for the purpose of catching fish.
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Indictment for unlawful fishing in the waters of Al-bemarle Sound, tried before Brown, J., at Spring Term of the Superior Court of Bertie County. The defendant was indicted under Chapter 51, Acts 1897, which prohibits the setting of any anchor, drift, or staked gill nets in Albemarle Sound over 20 yards in length for the purpose of catching fish. The Act further provides that upon conviction of its violation in the Superior Court of any of the counties bordering on Albemarle Sound, the offender shall be fined, &c. There was a special verdict that the defendant set certain gill nets for the…
1Opinion of the Court
Furches, J.:
This is an indictment under Chapter 51, Acts 1897, for unlawfully fishing in the waters of Albemarle Sound. The Statute is singularly drawn and its policy is not apparent to us. It is contended on behalf of the State that its object is to protect the citizens from the depredation of persons from other States, while it is contended by the defendant that its object is to destroy the small fisheries in the interest of the large beach seine fisheries. And it seems rather singular that a gill net 80 yards long is permitted to be used in Roanoke River, one fourth of a mile wide, while…
2Cases cited1 opinion
- Rea v. . HamptonSupreme Court of North Carolina · 1888
3Cited by10 opinions
- State v. Ledford.Supreme Court of North Carolina · 1903
- State v. LewisSupreme Court of North Carolina · 1906
- State v. . LewisSupreme Court of North Carolina · 1906
- State v. . OliverSupreme Court of North Carolina · 1923
- State v. . PaceSupreme Court of North Carolina · 1912
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