Bosarge v. State

• Citation: 121 So. 427,23 Ala.App. 18
• Decision Date: 11 December 1928
• Docket Number: 1 Div. 804.
• Parties: BOSARGE ET AL. v. STATE.
• Court: Alabama Court of Appeals

121 So. 427

23 Ala.App. 18

BOSARGE ET AL. v. STATE.

1 Div. 804.

Court of Appeals of Alabama

December 11, 1928

Rehearing Denied Jan. 8, 1929.

Appeal from Circuit Court, Mobile County; Saffold Berney, Judge.

Hubert Bosarge and Clarence Ladnier were convicted of violating section 4078, Code 1923, and they appeal. Affirmed.

Certiorari denied by Supreme Court in Bosarge v. State, 121 So 428.

Smiths Young & Johnston, of Mobile, for appellants.

Charlie C. McCall, Atty. Gen., for the State.

RICE J.

Appellants were jointly charged, regularly tried, and convicted of the offense of violating the terms of Code of Alabama 1923, § 4078, which section reads as follows:

"No person who has not been a bona fide resident of the state of Alabama for one year, then passed, shall catch or attempt to catch any salt water shrimp, within the waters of the state of Alabama, or within the waters subject to the territorial jurisdiction of said state, by the use of any seine or other device for the purpose of catching salt water shrimp."

As the case is presented here on appeal, the sole question for our consideration is: Did the trial court err in finding as a matter of law that the place where appellants were apprehended, in the act of trolling for shrimp, was a place "within the waters of the state of Alabama, or within the waters subject to the territorial jurisdiction of said state?" There is no dispute in the testimony; none being offered by defendants.

According to the bill of exceptions, appellants at the time mentioned above, were, southwardly, "outside of Dauphine Island, about three-quarters of a mile from the beach, and outside of the low-water mark in the Gulf of Mexico; that is to say, about three-quarters of a mile from the beach." We judicially know, and said bill of exceptions further recites, that "Dauphine Island is in Mobile county, Alabama."

The boundaries of the state of Alabama are, as defined in section 85 of the Code of 1923, as follows:

"Beginning at the point where the thirty-first degree of north latitude crosses the Perdido river; thence east to the western boundary line of the state of Georgia; thence along said line, to the southern boundary line of the state of Tennessee; thence west along the southern boundary line of the state of Tennessee, crossing the tennessee river, and on to the second intersection of said river by said line; thence up said river to the mouth of Big

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