State v. Moyers
Supreme Court of Iowa
!Appeal from Des Moines District Court. — Hon. James D. Smyth, Judge. In a prosecution before a justice of the peace defendant was accused of using nets unlawfully in the waters of Iowa, to wit, in the Mississippi river, for that defendant in Des Moines county did willfully, unlawfully, and feloniously take from the waters of the Mississippi river within the jurisdiction of the state of Iowa, certain fish, etc., with a hoop net, without first having procured from the state…
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!Appeal from Des Moines District Court. — Hon. James D. Smyth, Judge. In a prosecution before a justice of the peace defendant was accused of using nets unlawfully in the waters of Iowa, to wit, in the Mississippi river, for that defendant in Des Moines county did willfully, unlawfully, and feloniously take from the waters of the Mississippi river within the jurisdiction of the state of Iowa, certain fish, etc., with a hoop net, without first having procured from the state fish and game warden of Iowa an annual license for the use of said net. On a trial before the justice of the peace, the…
1Opinion of the CourtMcClain, C. J.
In the provisions of the Code regulating the taking of fish in the waters of the state there is a general exception excluding the waters of the Mississippi river (and certain other boundary rivers) from such regulations. Code, section 2547. But in 1909 a statute was enacted providing that in the boundary rivers thus enumerated there should be no fishing with nets or seines without first procuring from the fish and game warden of this state an. annual license for the use of such nets and seines, the license fee being fixed by the statute, and the taking by any person of fish of a certain…
2Cases cited18 opinions
- United States v. RodgersSupreme Court of the United States · 1893
- Welsh v. StateIndiana Supreme Court · 1890
- Sherlock v. AllingIndiana Supreme Court · 1873
- J. S. Keator Lumber Co. v. St. Croix Boom Corp.Wisconsin Supreme Court · 1888
- State of Iowa v. MullenSupreme Court of Iowa · 1872
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3Cited by5 opinions
- Commonwealth v. NickersonMassachusetts Supreme Judicial Court · 1920
- Nicoulin v. O'BrienCourt of Appeals of Kentucky · 1916
- State v. AlexanderSupreme Court of Arkansas · 1953
- State v. HoldenSupreme Court of New Jersey · 1966
- State v. RorrisSupreme Court of Iowa · 1937