64 P. 419 | Ariz. | 1901
This is a criminal ease, and the appeal is taken by the government on a question of law alone, which was decided adversely to the appellant in the court below. The prosecution was founded upon section 2461 of the Revised Statutes of the United States, which declares that “If any person shall cut, or cause or procure to be cut, or aid, or assist, or be employed in cutting any live-oak or red-cedar
Counsel for the government have brought this appeal upon the theory that there is manifest error in the ruling and judgment of the lower court, and that the correction thereof is important to the proper and uniform administration of the criminal law. We are asked to review the holding in Bustamente v. United States, supra, as that case involved the same questions which are here again presented for our consideration. These are: 1. Is mesquite timber or not, within the meaning of section 2461 of the Revised Statutes of the United States'? 2. Can the question of whether mesquite is timber or not be properly determined upon demurrer to an indictment charging the unlawful cutting of mesquite on the public
Sloan, J.. and Doan, J., concur.