People v. Smith

"Wiest, J.

Defendant was convicted of carrying a rifle, during the closed season, into an area frequented by deer. The complaint charged that:

“On the second day of August, A. D. 1931, at the township of Matchwood * * '* one Martin Smith, * * * did then and there carry a rifle into- an area frequented by deer, the season for the hunting of deer being then and there closed.”

The complaint charged no crime and the evidence did not establish any crime.

The statute, 2 Comp. Laws 1929, § 6229, and á part of the game law on August 2, 1931, provided:

“It shall be unlawful for any person to carry a rifle…