Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED STATES v. COMB

March 26, 1962

UNITED STATES OF AMERICA, PLAINTIFF,
v.
PATSIE COMB, DEFENDANT. UNITED STATES OF AMERICA, PLAINTIFF, V. JIMMY DALE GLADDING, DEFENDANT.



The opinion of the court was delivered by: John E. Miller, Chief Judge.

Separate criminal informations were filed against Patsie Comb on March 6, 1961, and Jimmy Dale Gladding on August 4, 1961, charging them with violation of 16 U.S.C.A. § 704 and the regulations promulgated thereunder pertaining to the hunting and killing of migratory birds.

The defendants pleaded not guilty; waived a jury trial; and by consent of the parties the cases were consolidated and tried to the court on March 14, 1962.

The information against Patsie Comb charged:

    "That on November 4, 1960, in the Western District
  of Arkansas, Texarkana Division, Patsie Comb did
  unlawfully hunt and attempt to kill migratory birds,
  to-wit: wild ducks, in violation of 16 U.S.C.[A. §]
  704."

The charge filed against the defendant, Jimmy Dale Gladding, is identical except as to the name of the defendant.

The defendants denied that they were unlawfully hunting and attempting to kill migratory birds at the time charged in the informations, and also denied that they were at the place described by the witnesses for the Government.

Title 16 U.S.C.A. § 703 provides:

    "Unless and except as permitted by regulations made
  as hereinafter provided in sections 703-711 of this
  title, it shall be unlawful at any time * * * to hunt
  * * * any migratory bird * * * included in the terms
  of the conventions between the United States and
  Great Britain for the protection of migratory birds
  concluded August 16, 1916 * * *, and the United
  States and the United Mexican States for the
  protection of migratory birds * * concluded February
  7, 1936."

Sec. 704 provides:

    "Subject to the provisions and in order to carry
  out the purposes of the conventions, referred to in
  section 703 of this title, the Secretary of the
  Interior is authorized and directed, from time to
  time, having due regard to the zones of temperature
  and to the distribution, abundance, economic value,
  breeding

  habits, and times and lines of migratory flight of
  such birds, to determine when, to what extent, if at
  all, and by what means, it is compatible with the
  terms of the conventions to allow hunting * * * and
  to adopt suitable regulations permitting and
  governing the same * *."

Sec. 707(a) (1961 Supp.) provides:

    "* * * any person * * * who shall violate any
  provisions of said conventions or of sections 703-711
  of this title, or who shall violate or fail to comply
  with any regulation made pursuant to said sections
  shall be deemed guilty of a misdemeanor and upon
  conviction thereof shall be fined not more than $500
  or be imprisoned not more than six months, or both."

The pertinent regulation promulgated by the Secretary, as authorized by 16 U.S.C.A. § 704, appears in 50 C.F.R. § 10.51, and provides:

    "Subject to the provisions of the preceding
  sections of this part, the areas open to hunting,
  respective open seasons (dates inclusive), the
  shooting hours and the daily bag and possession
  limits on the species of waterfowl and on coot and
  Wilson's snipe as designated in this section are
  ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.