¶1I concur in the remit. Appellant was accused, :by the indictment, of the crime o:: cutting “five cords of mesquite cordwood.” I do not think a crime was alleged in the indictment. The indictment was based on section 2461 of the Revised Statutes of the United Si :ites. That section makes it .a crime to cut, etc., “timber.” I hold-that mesquite must he determined to be timber, or not, by its character, growth, fiber, and the uses to which it may be pm, in being material of which useful articles can be made.
4 Ariz. 344
Bustemente v. United States
Decided October 8, 1895
Arizona Supreme Court · decided 1895-10-08
J. D. Bethune, Judge. Statement of facts by Hawkins, J. Appellant was indicted, tried, and convicted of the crime of unlawfully cutting and removing from the public lands of the United States “five cords of mesquite cordwood” for a purpose other than for the use of the navy of the- United States, said public lands of the United States being non-mineral.
Cited by 3 later decisions — most recently April 1971
2 federal appellate · 1 state decisions
Good law ✅— No negative treatment on recordhow we know
Reversed · Decided 1895-10-08
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