FRANK P. CONVERSE ET AL., APPELLANTS,
v.
UNITED STATES OF AMERICA, APPELLEE (TWO CASES)

6th Cir. | 1955-12-20
Nos. 12554, 12555
227 F.2d 749 United States Court of Appeals for the Sixth Circuit (1955) Caution
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the district court's findings of fact were supported by substantial evidence and not clearly erroneous, affirming the convictions.


Facts & Procedural History

Three defendants were charged with violating regulations under the Migratory Bird Treaty Act, specifically concerning the use of corn to lure birds an…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

On two informations charging the three defendants with violation of regulations promulgated by the Secretary of Interior of the United States pursuant to the Migratory Bird Treaty Act, 16 U.S.C.A. § 703 et seq. the United States District Court, after receiving complete evidence in the cases which were consolidated for trial, found all three defendants guilty upon each of the two informations.

The regulation charged in one of the informations to have been violated [Sec. 6.3(b) (1)], provides inter alia, that migratory game birds may not be taken by the aid of shelled, or shucked, or unshucked corn used to lure the birds to the area where the hunters are attempting to take them. The other information charged the violation of section 6.4(e), which provides a daily bag limit of four wild ducks.

In a fully considered oral opinion, analyzing' both the facts and the applicable law, United States District Judge Kloeb reviewed the substantial evidence upon which conviction was based and cited and discussed pertinent authorities : among others, United States v. Reese, D.C.W.D.Tenn., 27 F.Supp. 833; United States v. Schultze, D.C.W.D.Ky., 28 F.Supp. 234; Cochran v. United States, 7 Cir., 92 F. 2d 623; State of Missouri v. Holland, 252 U.S. 416, 40 S.Ct. 382, 64 L.Ed. 641.

Upon the basis of the reasoning of the . United States District Court, and upon its findings of fact which are, upon consideration of the entire record in the cases, found to be supported by substantial evidence and not clearly erroneous, the judgment of the district court finding defendants guilty as charged in each information, and assessing the fines imposed, is affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw