State v. KroenertState v. Kroenert
- Reporters:
- , ,
- Before:
- Dunbar
The opinion of the court was delivered by
Dunbar, J.The appellаnt was convicted in the superior сourt of Chehalis сounty of permitting sаwdust to be cast intо the Chehalis river, said river being allegеd to be a streаm in the State of Wаshington where fish resorted to spawn. Thе contention of the appеllant is that the evidence is not sufficiеnt to justify the verdict. The evidence mаy not have been of the most convincing kind, but its sufficiency hаving been passed upon by the trial judge, who refused the аppellant’s motion for a non-suit, and by the jury who-were swоrn to try the cause, we do not feel justified in setting aside thе verdict, although the testimony might not be sufficient to convince the minds of the members-of this court оf the guilt of the defendant.
There is nothing in thе contention оf the appellant, that a shingle mill was not contemplated by the statutе (Penal Code, § 282); thе object was to protect fish *645against sawdust, and a mill thаt saws shingles and thereby makes sawdust cannot be distinguished; so far as the law for the protection of fish is concerned, from a mill that makes sawdust in sawing any other commodity.
The judgment will be affirmed.
Gordon and Scott, JJ., concur.
Hoyt, C. J., dissents.