Havard v. State

On the facts stated by the Court of Appeals in its opinion, beyond which this court will not look in the matter of disputed facts, we are agreed in the conclusion that the defendant Havard should not have been convicted. But, to exclude a conclusion, the court here withholds its concurrence in the statement that the right given by statute (section 2724 of the Code 1923) to riparian owners to plant and gather oysters in the waters in front of their land is not such a right as will support an indictment for trespass after warning against one who, after warning, takes oysters from such private…