6 Department Circular 202, U . S. Dept . of Agriculture. 
by this Treaty, which became the law upon its adoption by the 
Senate and is backed by this Act of Congress and we are bound by it. 
As to what a mourning; dove is, you have heard the evidence on 
that question and the contention of the Government is that all 
doves, except this little ground dove that is found in Florida, are 
mourning doves. There was some evidence claiming that there was 
in Georgia some distinct sort, they were not given any special name, 
but the witnesses: said they knew them as “ doves.” The only ques¬ 
tion left in the case is as to whether or not you are convinced that 
the defendant killed mourning doves as alleged in the indictment, 
Anv doves would be included in the Treaty, but this indictment says 
u mourning doves,” so he could not be convicted under this indict¬ 
ment unless it was mourning doves. It is for you to say whether 
or not you believe under the evidence in this case that he killed 
mourning doves, and if so, I charge you as a matter of law that, 
under the Treaty, they are migratory birds, and it is against the 
law to kill them before September 1st. If the defendant did that 
you will be authorized to find him guilty under any one of these 
counts, or all of them, that for hunting, or killing, or having them 
in his possession, whichever you find to be true. If you find that 
he did not kill mourning doves, as charged, of course you will find 
him not guilty. Write on the indictment “We the jury find the 
defendant guilty ” under Number One, or Number Two, or Number 
Three, or all, as you find, and if you find him not guilty of any, 
you will return a verdict of not guilty. 
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