State v. Pulos
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Chief Justice McBride. The defendant, John Pulos, was indicted for the crime of unlawfully having in his possession a duck during the season when it was unlawful to kill the same. The indictment alleged that the duck was killed during the season when it was lawful to kill ducks.
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From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Chief Justice McBride. The defendant, John Pulos, was indicted for the crime of unlawfully having in his possession a duck during the season when it was unlawful to kill the same. The indictment alleged that the duck was killed during the season when it was lawful to kill ducks. The defendant demurred generally, and, his demurrer being overruled, refused to plead further; whereupon the court directed a plea of guilty to be entered, and fined the defendant $50, from which judgment he appeals.
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. Section 2289, L. 0. L. (Sp. Laws 1909, c. 10, p. 526, § 2), under the provisions of which this indictment was drawn, reads as follows:
“It shall be unlawful within the counties of Clatsop, Columbia, and Multnomah of the State of Oregon, at any time between the fifteenth day of January and the first day of September of any year, to take, kill, injure, destroy, or have in possession any mallard duck, wood duck, widgeon, teal, spoonbill, gray, black, sprigtail, or canvasback, or any wild duck.”
It is conceded that the defendant had in his possession, during…
2Cases cited4 opinions
- Ex parte MaierCalifornia Supreme Court · 1894
- Sherwood v. StephensIdaho Supreme Court · 1907
- State v. AshmanTennessee Supreme Court · 1910
- State v. FisherOregon Supreme Court · 1908
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- State v. CouchCourt of Appeals of Oregon · 2004
- Rogers v. HOLMESOregon Supreme Court · 1958
- Simpson v. Department of Fish & WildlifeCourt of Appeals of Oregon · 2011
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