State v. Johnson

Citations

• 82 Wash. 347
• 144 P. 57
• 1914 Wash. LEXIS 1511

Syllabus

<p>Pish — Taking Oysters Prom State Reserve — Information—Sufficiency. An information charging accused with taking oysters from state oyster land reserves between eight o’clock in the evening and five o’clock in the morning between designated days is sufficient without alleging that the taking was without a license or without particularizing the state oyster reserve from which the oysters were taken, other than by stating the county of its location, since the gravamen of the offense is the taking in the nighttime from any of the state oyster reserve lands, under Rem. & Bal. Code, §§ 5248, 5253, declaring that “no license shall be granted to take seed from any oyster land reserve except between the first day of April and the fifteenth day of June of each year, and at no time before 5 o’clock in the morning, or after 8 o’clock in the evening,” and that taking oysters from any of the state oyster reserves contrary to the provisions of the act shall constitute a misdemeanor.</p>