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29 Ind. 302

State v. Hockett

Indiana Supreme Court

Decided May 15, 1868

Indiana Supreme Court · decided 1868-05-15

<p>Fish Law. — The act of 1867, (Acts 1867, p. 128) to provide for the protection of fisli, &c., is constitutional-.</p>

Cited by 2 later decisions — most recently May 1897

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-05-15

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Elliott, J.

¶1In this case, the defendants were indicted, under the act of 1867, for seining fish in Sugar Creek, in Parke county. On the defendant's motion, the court quashed the indictments, and the State appeals.

¶2The indictment charges’ the offense in conformity with the statute. Uo special objection is pointed out, and we see none. We are informed, however, that the motion to quash was sustained on the ground that the act of the legislature creating the offense is unconstitutional and void. *303Ye hold the act constitutional. See Gentile v. The State, post, p. 409, where the question is discussed.

JD. JE. Williamson, Attorney General, for the State.

¶3The judgment of the Circuit Court is reversed, with costs, and. the cause remanded, with instructions to that court to overrule the motion to quash the indictment, and for further proceedings.

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