State v. Cherry Point Fish Co.

Citations

• 72 Wash. 420
• 130 P. 499
• 1913 Wash. LEXIS 1478

Syllabus

<p>Criminal Law — Appeal—Review. The supreme court will not disturb a conviction that is sustained by substantial evidence, even if there is a preponderance of evidence against it.</p> <p>Pish — Pishing Regulations — Violation of Statute — Elements of Offense — Intent. Intent is not an essential element of the offense of unlawful fishing, in violation of Rem. & Bal. Code, § 5186, requiring all fishing appliances to be closed in a certain way at specified hours each week; and the jury is properly instructed that they may convict regardless of the intent or wilfulness of the act of the accused, it being sufficient to show a failure to close the traps in the manner required by law.</p> <p>Same — Regulations — “Taut” Aprons — “Effectually” Closing Traps. The provisions in Rem. & Bal. Code, § 5186, prohibiting salmon fishing at certain hours each week, and requiring nets and traps to be closed by an apron across the entrance, fastened by rings on a “taut” wire, so as to “effectually prevent” any salmon from entering, is to be construed in its ordinary sense; “taut” not meaning merely “substantially and practically tight;” and “effectually preventing” not meaning “substantially and practically” preventing fish from entering; and an instruction that the accused could not be found guilty if they had closed their traps by the appliances required by law, drawn as “taut or tight as it could reasonably be drawn consistent with . . . raising and lowering the same,” is as favorable to the accused as the construction warrants.</p> <p>Criminal Law — Trial—Instructions—Comment on Facts. The statement of general rules governing the weight and credibility to be given to expert testimony, is not an unlawful comment on the evidence.</p> <p>Same — Trial—Requested Instructions. It is not error to refuse requested instructions that are covered in the general charge.</p> <p>Fish — Fishing Appliances — Violations ■— Evidence — Rebuttal. In a prosecution for unlawful fishing, where the accuse