Legal Opinion

State v. Dunning

Supreme Judicial Court of Maine

Decided February 18, 1891PublishedCited by 5 opinions

On EXCEPTIONS. The defendant excepted to the ruling of the Superior Court,, for Cumberland County, in overruling his demurrer to the' indictment, which charged that the defendant "between the first, day of July in the year of our Lord one thousand eight hundred and eighty-nine, and the first day of May in the year of our-Lord one thousand eight hundred and ninety, to wit, on the. twenty-eighth day of April in the year of our Lord one thousand’ eight hundred and ninety at…

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On EXCEPTIONS. The defendant excepted to the ruling of the Superior Court,, for Cumberland County, in overruling his demurrer to the' indictment, which charged that the defendant "between the first, day of July in the year of our Lord one thousand eight hundred and eighty-nine, and the first day of May in the year of our-Lord one thousand eight hundred and ninety, to wit, on the. twenty-eighth day of April in the year of our Lord one thousand’ eight hundred and ninety at HarpsweU, in the County of Cumberland, unlawfully did catch and have in bis possession one hundred and eleven lobsters,…

1Opinion of the CourtWhitehouse, J.

Exceptions to the overruling of a demurrer to an indictment based on chap. 292 of the public laws of 1889, regulating the lobster fisheries.

The second section of the act provides that "it is unlawful to catch .... or possess for any purpose” between the dates named " any lobsters less than ten and one half inches in length, alive or dead, .... and any lobsters shorter than the prescribed length when caught shall be liberated alive a,t the risk and cost of the parties taking them, under a penalty of one dollar for each lobster so caught .... or in possession, not so liberated.”

The indictment…

2Cited by5 opinions

  1. Hewitt v. StateIndiana Supreme Court · 1908
  2. State v. MortonSupreme Judicial Court of Maine · 1946
  3. Ingerson v. StateSupreme Judicial Court of Maine · 1951
  4. State v. JalbertSupreme Judicial Court of Maine · 1943
  5. Shoop v. SaulDistrict Court, D. Alaska · 2020

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