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71 Ark. 347

DuBose v. State

Supreme Court of Arkansas

Decided May 2, 1903

Supreme Court of Arkansas · decided 1903-05-02

Joel D. Conway, Judge. STATEMENT BY THE COURT. The defendants were indicted jointly for campdrunting in violation of the special act of the legislature, to be found on page 26, Acts of 1897, regular session, which makes it unlawful for any person or persons to engage in what is commonly known as camp-hunting and fire-hunting in the counties of Lafayette, Miller and Desha, of this state.” The indictment was returned December 30, 1901, and charges that they did unlawfully…

Beversed · Decided 1903-05-02

Wood, J.,

¶1(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.

¶2Section 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.

¶3The judgment is reversed, and the cause remanded for a new trial.

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