Legal Opinion

State v. . Gallop

Supreme Court of North Carolina

Decided February 20, 1900PublishedCited by 17 opinions

IkdiotMENt under Act of 1897, chap. 291, for obstructing gunning and fishing in Currituck Sound. The case is stated by Justice Clare, as follows: Appeal from Btarbuck, J., Fall Term, 1899, Currituck Court. The defemdant, who appealed from a Justice of the Peace, was tried for violation of sec. 7, chap. 291, Laws 1897, entitled: “An act regulate gunning and fishing in Curri-tuck County.”

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IkdiotMENt under Act of 1897, chap. 291, for obstructing gunning and fishing in Currituck Sound. The case is stated by Justice Clare, as follows: Appeal from Btarbuck, J., Fall Term, 1899, Currituck Court. The defemdant, who appealed from a Justice of the Peace, was tried for violation of sec. 7, chap. 291, Laws 1897, entitled: “An act regulate gunning and fishing in Curri-tuck County.” Said see. 7 provides: “It shall be unlawful for any person hired or employed to¡ lay around, sail around •or stop anywhere near any citizen, who may be gunning or fishing in Currituck Sound or tributaries for…

1Opinion of the Court

Clark, J.,

after stating the case. The evidence is that the decoys, where the ducks were invited, and expected to alight, were “tied out in the sound.” But even had they been in the “lead,” that, according to the evidence, would have been one of the “tributaries of the sound*’ within the language of the act. The sole question then, is as to the constitutionality of the act under which the defendant, employed by the adjacent landowners for the purpose of interfering with duck hunting by others on the sound or one of its tributaries on the water front opposite their land, is indicted for…

2Cases cited14 opinions

  1. Geer v. ConnecticutSupreme Court of the United States · 1896
  2. McCready v. VirginiaSupreme Court of the United States · 1877
  3. Manchester v. MassachusettsSupreme Court of the United States · 1891
  4. Phelps v. . RaceyNew York Court of Appeals · 1875
  5. Gentile v. StateIndiana Supreme Court · 1868

9 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Council v. . SanderlinSupreme Court of North Carolina · 1922
  2. State v. . BlakeSupreme Court of North Carolina · 1911
  3. Newell v. . GreenSupreme Court of North Carolina · 1915
  4. Moore v. . BellSupreme Court of North Carolina · 1926
  5. Bell v. . SmithSupreme Court of North Carolina · 1916

12 more not listed; retrieve them via the Exa API.

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