People v. Ah Him

Citations

• 111 P. 627
• 14 Cal. App. 280
• 1910 Cal. App. LEXIS 111

Syllabus

<p>Criminal Law—Catching Fish in Violation op Law—Use op Chinese Shrimp or Bag Net—Support op Verdict.—A verdict of guilty of catching fish in the waters of this state in the use of a “Chinese shrimp or bag net,” in violation of section 636 of the Penal Code, is supported by evidence which clearly shows that upon the day upon which the charge is laid, the defendant in fact caught in their shrimp or bag nets and kept more food fish than shrimps, and took them to shore, where they were arrested, and further shows that they had in their camp on that day freshly caught fish as well as shrimps in process of drying. From these facts the jury were justified in finding that defendants used their nets for the purpose of catching fish as well as shrimps, which made them guilty under the statute.</p> <p>Id.—Province op Jury—Purpose op Using Nets.—It was under the evidence peculiarly the province of the jury to determine the purpose with which the defendants used their nets.</p> <p>Id.—Evidence—Place op Fishing.—The court committed no error in allowing evidence as to the place of fishing, and properly permitted the defendants to traverse the evidence for the prosecution as to the place where they were fishing.</p> <p>Id.—Samples op Fish Allowed in Evidence.—The court properly allowed samples of fish taken from defendants’ boat by the officers on the day in question, which were part of the fish caught in their shrimp nets.</p>