Legal Opinion

State v. Smith

Supreme Court of Vermont

Decided January 15, 1889PublishedCited by 3 opinions

Rutland County Court, March Term, 1888, Tyler, J., presiding. This was an information in two counts. The first count alleged ^that the respondent “ did take and catch from the waters of this State, to wit: from the waters of Lake Bomoseen,, situate, etc., seven pond-pickerel.” The second count charged the respondent with having in his possession seven pond-pickerel caught in the waters of the same lake. To this information the respondent demurred.

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Rutland County Court, March Term, 1888, Tyler, J., presiding. This was an information in two counts. The first count alleged ^that the respondent “ did take and catch from the waters of this State, to wit: from the waters of Lake Bomoseen,, situate, etc., seven pond-pickerel.” The second count charged the respondent with having in his possession seven pond-pickerel caught in the waters of the same lake. To this information the respondent demurred. The-demurrer was overruled by the court, and the responden t excepted. Nos. 73 and 245 are in pari materia and should be construed together. Hence,…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

This information is founded on s. 7, No. 73 of the St. of 1884, which imposes a fine for taking or catching pond-pickerel from any of the waters of this State, public or private, between certain dates. No. 245 of the same statute, which *347is an act for “ the protection of fish in Lake Bomoseen andInman Pond,” was approved the same day that No. 73 was, and' provides that, that act shall not be construed to prohibit fishing - in the last-mentioned waters at any time with hook and line.

The respondent claims that the taking and catching prohibited!…

2Cases cited2 opinions

  1. State v. FreemanSupreme Court of Vermont · 1855
  2. State v. HodgdonSupreme Court of Vermont · 1868

3Cited by3 opinions

  1. State v. BevinsSupreme Court of Vermont · 1898
  2. Western Union Telegraph Co. v. BullardSupreme Court of Vermont · 1893
  3. State v. HarveySupreme Court of Vermont · 1914

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