State v. Zellmer

We need consider but one question in this case, as the others argued are not likely to arise on a new trial. The question, in brief, is whether the mere possession of a seine is denounced as an offense by Section 1735, Code of 1924, irrespective of the purpose or intent of the accused in having it in his possession. The section provides:

“The possession of a spear, trap, net, or seine, for fishing, shall be unlawful, except where the use of such is permitted by this chapter.”

The section is a part of the fish and game laws of the state, all of which, so far as in pari materia, should be…