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99 S.C. 507

83 S.E 970

State v. Terry

Supreme Court of South Carolina

Decided January 1, 1915

Supreme Court of South Carolina · decided 1915-01-01

Before Hon. C. J. Ramage, Columbia, special Judge, October, 1914. The defendant-respondent, F. S. Terry, was tried and convicted before Magistrate H. F. Buechel, of Richland county, with the violation of section 75S of the Criminal Code, in two separate cases, one charging the unlawful sale of game fish, jackfish, and the other with unlawful sale of game fish, bream, in Richland county, on the 9th of April, 1914, and was sentenced to pay a fine of twenty dollars in each case.

Cited by 1 later decisions — most recently October 1926

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1915-01-01

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¶1 The opinion of the Court was delivered by

Mr. Justice Gage.

¶2 The argument has covered a wide range, but of ground upon which we need not go.

¶3 The primary and controlling issue is the meaning of our statute.

¶4 The statute is set out as section 755 of the Criminal Code of Laws; and the 5th proviso of the section is the exact provision which the defendant is charged to have violated.

¶5 The Circuit Judge has expressed our view of the statute in these words: “It is plain to my mind that the object of the statute was to protect the fish in the waters of our own State and not those from the waters of another State. That clearly is the object of the statute and its scope is not to be extended, unless the intent is clear and evident.”

¶6 We are, therefore, of the opinion that the order below be affirmed, and it is so directed.

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