Legal Opinion

State v. McCullagh

Supreme Court of Kansas

Decided December 11, 1915No. 20,024PublishedCited by 2 opinions

Appeal from Cherokee district court; Edward E. Sapp, judge.

1Opinion of the Court

The opinion of the court was delivered by

Mason, J.:

An information was filed charging George L. McCullagh and H. B. Savagfe with having violated the game laws of the state by shooting wild ducks from a motor-boat, on April 2, 1914. A motion to quash was sustained, and the state appeals.

The state law undertakes to forbid shooting at or killing wild game birds from a motor-boat. (Laws 1913, ch. 199, § 1, amending Laws 1911, ch. 198, § 15.) The defendants maintain that this and all other state laws for the protection of migratory birds are superseded and nullified by an act of congress. The…

2Cases cited9 opinions

  1. Geer v. ConnecticutSupreme Court of the United States · 1896
  2. Kansas v. ColoradoSupreme Court of the United States · 1907
  3. Easton v. IowaSupreme Court of the United States · 1903
  4. Sexton v. CaliforniaSupreme Court of the United States · 1903
  5. United States v. ShauverDistrict Court, E.D. Arkansas · 1914

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3Cited by2 opinions

  1. Thomson v. DanaDistrict Court, D. Oregon · 1931
  2. United States v. ThompsonDistrict Court, E.D. Arkansas · 1919

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