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De Mars v. United States

United States Court of Appeals, Sixth Circuit
Apr 21, 1958
254 F.2d 594 (6th Cir. 1958)

Summary

addressing violation of the MBTA

Summary of this case from U.S. v. Abbate

Opinion

No. 13481.

April 21, 1958.

True Meyer, Port Clinton, Ohio, for appellants.

Clarence M. Condon, Richard M. Colasurd, Toledo, Ohio, for appellee.

Before SIMONS, Chief Judge, and MARTIN and BAZELON, Circuit Judges.


The appellant challenges the the validity of the judgment and sentence of the appellant for violation of the Migratory Bird Treaty Act, 16 U.S.C.A. § 703 et seq. and the Regulations published thereunder in 1955 by the Secretary of the Interior. The trial was had to a jury which returned a verdict of guilty as charged. There was substantial evidence to sustain the verdict and we find no prejudicial error in the proceedings therein. While the appellant contends that the sentence of both fine and imprisonment was unusually harsh by comparison with other cases of similar nature, it was within the limits fixed by the Act and we have no power to modify it. Wherefore,

The case is affirmed.


Summaries of

De Mars v. United States

United States Court of Appeals, Sixth Circuit
Apr 21, 1958
254 F.2d 594 (6th Cir. 1958)

addressing violation of the MBTA

Summary of this case from U.S. v. Abbate
Case details for

De Mars v. United States

Case Details

Full title:Myron L. DE MARS and Ernest O. Short, Appellants, v. UNITED STATES of…

Court:United States Court of Appeals, Sixth Circuit

Date published: Apr 21, 1958

Citations

254 F.2d 594 (6th Cir. 1958)

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