110 REPORT OF STATE BOARD OF FISH COMMISSIONERS. 



power of the State concerning the fish therein. The parenthetical 

 words " free to drift with the current or tide " are but descriptive of the 

 condition of a net; it must be free to drift and not be set or permanent. 

 It is advised that the judgment and order be affirmed. 



CHIPMAN, C. 

 We concur: 

 COOPER, C. 

 GRAY, C. 



For the reasons given in the foregoing opinion, the judgment and 

 order are affirmed. 



McFARLAND, J. 

 LORIGAN, J. 

 HENSHAW, J. 



I desire to say further that while upon the record in this case it 

 appears that appellant was not prejudiced by the guarded expressions 

 of the court to the jury on the suiiject of their efforts to agree, still such 

 expressions are hazardous, and it would be better for the court to say 

 nothing on that subject. There might be cases where such remarks 

 Avould be construed by the jury as urging an agreement to convict. 



McFARLAND, J. 



Crim. No. 972. Department One. May 20, 1903. 



PEOPLE OF THE STATE OF CALIFORNIA, Respondent, 

 vs. PAUL HAAGEN, Appellant. 



Appeal from the Superior Court of Santa Clara County — \V. G. Lori- 

 gan, Judge. 



For Appellant — John E. Richards. 



For Respondent — U. S. Webb, Attorney-General; A. A. Moore, Deputy 

 Attorney-General, and James H. Campbell, District Attorney. 



This is an appeal by the defendant from a judgment of the" Superior 

 Court convicting him of the offense of violating Section 634 of the 

 Penal Code, declaring it unlawful for any person, betw^een the 10th of 

 September and the 16th of October of each year, to have in his posses- 

 sion or sell any fresh salmon. 



1. It is urged that the Superior Court has no jurisdiction of the offense. 

 The punishment provided for the offense is a fine of not less than two 

 hundred dollars or imprisonment in the county jail not less than one 

 hundred and fifty days, or both. There is no maximum limit provided 

 for either the fine or imprisonment. Section 19 of the Penal Code pro- 

 vides: "Except in cases where a different punishment is prescribed by 

 the Code, every offense declared to be a misdemeanor is punishable by 



