Fritz v. State
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; Prank Smith, Judge; As to the first case, Fritz, having acquired title to the lands while the common-law right of fishery was the law of the State, he therebjr acquired, as a part of, and appurtenant to, his grant, the right to take fish.from the lands, and also the right to ship them from the State; and the act of the Legislature prohibiting the shipment of fish from the State was, as to him, unconstitutional and void.
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Appeal from Crittenden Circuit Court; Prank Smith, Judge; As to the first case, Fritz, having acquired title to the lands while the common-law right of fishery was the law of the State, he therebjr acquired, as a part of, and appurtenant to, his grant, the right to take fish.from the lands, and also the right to ship them from the State; and the act of the Legislature prohibiting the shipment of fish from the State was, as to him, unconstitutional and void. As to the second case, the court should have declared the law to be that the owner of opposite shores of an inland unnavigable lake, who…
1Opinion of the CourtBattue, J.
In the first ease Louis Fritz was indicted by the grand jury of Crittenden County and accused as follows: “The said Louis Fritz and ITenr)'- Smith on the 5th day of November, 1907, in the county of Crittenden, State aforesaid, did then and there unlawfully ship and export beyond the lines of this State certain game fish.”
He pleaded not guilty, and by agreement was tried before the judge, sitting as a jury, upon the following agreed statement of facts: “It is agreed, as the facts in this case, that defendant, within one year prior to the return of the indictment in this case, took certain game…
2Cases cited7 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Geer v. ConnecticutSupreme Court of the United States · 1896
- State v. MallorySupreme Court of Arkansas · 1904
- Organ v. StateSupreme Court of Arkansas · 1892
- Peters v. StateTennessee Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barboro v. BoyleSupreme Court of Arkansas · 1915
- Medlock v. GalbreathSupreme Court of Arkansas · 1945
- Fugett v. StateSupreme Court of Arkansas · 1945
- Opinion No., Arkansas Attorney General Reports2010