Legal Opinion

Richter v. State

Wyoming Supreme Court

Decided April 21, 1908PublishedCited by 13 opinions

Error to District Court, Big Horn County, Hon. Carroll H. Parmslss, Judge. Paul Richter, having been found guilty of removing certain sheep belonging to him from quarantine limits established for them by a sheep inspector, prosecuted error. The material facts are stated in the opinion. The statute must be strictly complied with to establish a legal quarantine. If there was no legal quarantine the verdict and judgment is contrary to law.

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Error to District Court, Big Horn County, Hon. Carroll H. Parmslss, Judge. Paul Richter, having been found guilty of removing certain sheep belonging to him from quarantine limits established for them by a sheep inspector, prosecuted error. The material facts are stated in the opinion. The statute must be strictly complied with to establish a legal quarantine. If there was no legal quarantine the verdict and judgment is contrary to law. To show a legal quarantine the evidence should be competent; hearsay evidence is improper. (15 Ency. L. 309, 310.) A mere suspicion of infection does not…

1Opinion of the Court

Scott, Justice. .

The plaintiff in error was convicted of a misdemeanor and brings error.

It appears from the record that Richter was and had been for many months prior to June 28, 1906, the owner of a *441band of sheep which was kept and grazed upon the open range in Big Horn County. On said date a sheep inspector inspected the sheep and found that they were not infected with any disease, but acting on information to the effect that the sheep had been exposed to “scab” placed them in quarantine within certain limits fixed by him. The herder who was in charge of the sheep was duly notified and such…

2Cases cited1 opinion

  1. People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893

3Cited by13 opinions

  1. Loftus v. Department of Agriculture of IowaSupreme Court of Iowa · 1930
  2. Fevold v. Board of SupervisorsSupreme Court of Iowa · 1926
  3. State ex rel. Spillman v. HeldtNebraska Supreme Court · 1927
  4. Coelho v. TruckellCalifornia Court of Appeal · 1935
  5. Arbuckre v. PflaegingWyoming Supreme Court · 1912

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