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15 Ga. App. 536

Smith v. State

Court of Appeals of Georgia

Decided December 24, 1914

Court of Appeals of Georgia · decided 1914-12-24

<p>1. Under the provisions of the game-law (Acts of 1911, pp. 137-146), it is unlawful for any person to hunt, without first obtaining a license, except upon his own land or in his own militia district; and when lawfully hunting in his own militia district he can not lawfully follow hounds in pursuit of foxes, deer, or any other animal, to and upon another’s lands in another militia district, without such a license, even though he has permission from the owner to hunt thereon.</p> <p>2. The act of 1912, amending the game-law of 1911, by the terms of section 3 of the amending law effectually repeals the exception provided for>in section 18 of the act of 1911, which allowed persons lawfully hunting to follow hounds in pursuit of foxes, deer, and other animals not protected by that act, upon lands of another without the permission of the owner of such lands; and the law as now amended prohibits any and all persons, with or without a license, from hunting or fishing upon lands other than their own without permission of the landowner.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1914-12-24

How this case has been cited

Cited by 5 later decisions — most recently June 2003

5 state decisions

201914192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Broyles, J.,

¶1concurring specially. I concur in the affirmance of the judgment in this case, but I can not agree with the majority opinion of this court that it was the intention of the legislature, by the passage of the amending act of 1912, to repeal the exception provided for in section 18 of the act of 1911, which allowed persons lawfully hunting to follow hounds in pursuit of foxes, deer, or other animals not protected by that act, upon lands of another without the permission of the owner of such lands.

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