Commonwealth v. Look
Massachusetts Supreme Judicial Court
Indictment on the St. of 1869, c. 384, § 31, against Allen Look, George W. Manter, William P. Luce and Elishab A. Atheam, charging that they, after March 15, 1870, and before June 1,1870, to wit, on March 16, 1870, at Tisbury in the county of Dukes County, did unlawfully and wilfully take and catch 5000 smelt in Tyesquin Brook by means of a seine, they not being then fishing for herring or alewives.
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Indictment on the St. of 1869, c. 384, § 31, against Allen Look, George W. Manter, William P. Luce and Elishab A. Atheam, charging that they, after March 15, 1870, and before June 1,1870, to wit, on March 16, 1870, at Tisbury in the county of Dukes County, did unlawfully and wilfully take and catch 5000 smelt in Tyesquin Brook by means of a seine, they not being then fishing for herring or alewives. The grand jury presented that Hariph M. Smith was the person who made the complaint against the defendants. At the trial in the superior court for Dukes County, the defendants, before the jury…
1Opinion of the CourtAmes, J.
As it was not denied that the smelt were taken in a seine, during the forbidden period, by the defendants, it became a very material question whether they, at the time of such taking, were in reality fishing for herring or alewives, instead of smelt. St. 1869, c. 384, § 31. The defendants have no ground of complaint against the instructions of the court upon the subject of their intent in using the seine. The rule laid down by the court, as to the legal presumption of the absence of any unlawful intent, and as to the burden of proof, was also correct, and as favorable to the defendants as…
2Cases cited2 opinions
- Commissioners on Inland Fisheries v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1870
- Inhabitants of Stoughton v. BakerMassachusetts Supreme Judicial Court · 1808
3Cited by5 opinions
- Townsend v. StateIndiana Supreme Court · 1897
- People v. BridgesIllinois Supreme Court · 1892
- Commonwealth v. GilbertMassachusetts Supreme Judicial Court · 1893
- Altschul v. StateCuyahoga Circuit Court · 1894
- Altschul v. StateOhio Circuit Courts · 1894