DuBose v. State

Supreme Court of Arkansas

DuBose v. State

74 S.W. 292, 71 Ark. 347, 1903 Ark. LEXIS 43

DecidedMay 2, 1903

StatusPublished

This text of 74 S.W. 292 (DuBose v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DuBose v. State, 74 S.W. 292, 71 Ark. 347, 1903 Ark. LEXIS 43 (Ark. 1903).

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Opinion

Wood, J.,

(after -stating tbe facts). Section 1 of the act of February 11, 1897 (Acts of 1897, p. 27) makes it “unlawful * * * to engage in what is commonly known as camp-hunting and fire-hunting” in certain counties.

Section 3 construes the first section as follows: “Camp-bunting and fire-hunting * * * shall be construed to mean persons camping in the woods, or at or near any house, with guns and dogs for the purpose of hunting game,” etc. The agreed statement of facts shows clearly that defendant violated neither the spirit nor letter of the act. The house appellants visited was occupied by a fanxüy, and appellants, it appears, were on a visit to members of the family. This is not “camping” in the sense of the law.

The judgment is reversed, and the cause remanded for a new trial.

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Wood, J.,

(after -stating tbe facts). Section 1 of the act of February 11, 1897 (Acts of 1897, p. 27) makes it “unlawful * * * to engage in what is commonly known as camp-hunting and fire-hunting” in certain counties.

Section 3 construes the first section as follows: “Camp-bunting and fire-hunting * * * shall be construed to mean persons camping in the woods, or at or near any house, with guns and dogs for the purpose of hunting game,” etc. The agreed statement of facts shows clearly that defendant violated neither the spirit nor letter of the act. The house appellants visited was occupied by a fanxüy, and appellants, it appears, were on a visit to members of the family. This is not “camping” in the sense of the law.

The judgment is reversed, and the cause remanded for a new trial.

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Bluebook (online)

74 S.W. 292, 71 Ark. 347, 1903 Ark. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dubose-v-state-ark-1903.