Rowe v. State
Supreme Court of Arkansas
Appeal from Prairie Circuit Court; Eugene Lankford, Judge; The demurrer should have been sustained. Kirby’s Dig. c. 69, § 3600; 22 Cyc. p. 376, 380, 382. All seines are nets: the word seine is mere surplusage, and only one offense is charged. 68 Ark. 487; 20 D. R. A. 52.
1Opinion of the CourtMcCueeoch, J.
Appellant was convicted of the offense of unlawful fishing in Cache River, and appeals to this court. The indictment charges that he did “unlawfully catch fish with a net and a.seine in the waters of this State, to-wit: Cache River,” etc., and the proof tended to show, that he fished with a trammel net. A demurrer was filed to the indictment on the ground that it charged the commission of two separate offenses, and the demurrer was overruled. Did the court err in overruling it?
The statute on which the indictment is founded is as follows: “No person shall be allowed to place, erect, or cause…
2Cited by2 opinions
- Bank of Holly Grove v. SudburySupreme Court of Arkansas · 1915
- Fitzgerald v. McKeeMississippi Supreme Court · 1929