Commonwealth v. Nichols
Superior Court of Pennsylvania
Appeal, No. 209, Oct. T., 1908, by defendant, from judgment of C. P. Bradford Co., Dec. T., 1908, No. 11, sustaining judgment of justice of the peace in case of Commonwealth v. Perley H. Nichols. Appeal from judgment of justice of the peace.
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Appeal, No. 209, Oct. T., 1908, by defendant, from judgment of C. P. Bradford Co., Dec. T., 1908, No. 11, sustaining judgment of justice of the peace in case of Commonwealth v. Perley H. Nichols. Appeal from judgment of justice of the peace. Fanning, P. J., filed the following opinion: It was charged in the complaint that the defendant “did unlawfully and maliciously take and catch from the waters of the Susquehanna river, by means of an outline, a quantity of game fish, to wit: Five wall-eyed pike, the said game fish being then and there caught on the said outline and not returned to the…
1Opinion of the Court
Per Curiam,
We agree with the learned judge below that, although the information did not specify the act and the section thereof al*508leged to have been violated, it sufficiently charged a violation of that clause of the eleventh section, the Act of May 29, 1901, P. L. 302, which reads: “Any fish, other than those named in this section, when caught upon such lines” (outlines) “shall immediately be removed therefrom and set free in the waters from which it was taken.” This being so, and the record of the justice showing that he adjudged the defendant to be guilty of the offense charged against him…
2Cases cited2 opinions
- Carlisle v. BakerSupreme Court of Pennsylvania · 1795
- Lowrie v. VernerSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
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- Commonwealth v. TrymanSuperior Court of Pennsylvania · 1916
- Commonwealth v. ChiaraPerry County Court of Quarter Sessions · 1947
- Commonwealth v. Kinsey, Pennsylvania Court of Common Pleas, Alleghany County1947
- Commonwealth v. KulbDauphin County Court of Quarter Sessions · 1951
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