Crabtree v. State
Supreme Court of Arkansas
Appeal from Miller County Court; Geo. R. Eaynie, Judge; The statute does not prohibit the sale of wild ducks. Kirby’s Digest § 3618. General words following specific terms ejusdem generis should be limited by reference to the specific words, and should be construed only with all other articles, things, etc., of like nature and quality, etc. 61 Ark. 502 ; 54 Ark. 611; 102 Id. 218; 101 Id. 596. The word “game” does not refer to “fowls.” The statute makes no exception of fowls.
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Appeal from Miller County Court; Geo. R. Eaynie, Judge; The statute does not prohibit the sale of wild ducks. Kirby’s Digest § 3618. General words following specific terms ejusdem generis should be limited by reference to the specific words, and should be construed only with all other articles, things, etc., of like nature and quality, etc. 61 Ark. 502 ; 54 Ark. 611; 102 Id. 218; 101 Id. 596. The word “game” does not refer to “fowls.” The statute makes no exception of fowls. The case in 174 S. W. 527 does, not apply here. The only question raised there was the' constitutionality of the act.…
1Opinion of the CourtWood, J.
Section 3618 of Kirby’s Digest provides: “It shall be unlawful for any person, corporation, or company, 'to purchase, or have in possession for barter, exchange or sale, or to expose for barter, exchange or sale, or to sell’ any buck, doe, fawn, or any part thereof, or any wild turkey, pinnated grouse, commonly called prairie chicken, or any quail, sometimes called Virginia partridge, or any other kind of game, wild fowls, or birds whatsoever, within this State, except bear, rabbits, squirrels.”(1) Appellant was convicted of selling wild ducks under the above section, and he contended that…
2Cases cited2 opinions
- Foster v. BlountSupreme Court of Alabama · 1851
- Jonesboro, Lake City & Eastern Railroad v. AdamsSupreme Court of Arkansas · 1915
3Cited by3 opinions
- Sims v. AhrensSupreme Court of Arkansas · 1925
- Wiseman, Comm. Revenues v. AffolterSupreme Court of Arkansas · 1936
- American Building & Loan Ass'n v. StateSupreme Court of Arkansas · 1921