intended by the explicit and broad provisions of the statute, to 
insure the preservation and protection of the game there spec¬ 
ified within this State, by making the act of selling it or offer¬ 
ing it for sale, or having it in possession during the closed 
season, specific offenses, whether the game was killed or cap¬ 
tured within the limits of the State or elsewhere. 
Decided April 16, 1912. 
(11th Georgia App. P. 809.) 
The Court of Appeals has decided the generally debated 
question as to whether license and consent are necessary to 
hunt animals not classified as game animals. In the case of 
Blassingame vs. State from the City Court of Madison: 
“1. The primary purpose of the Act of 1911 (Acts of 
1911, p. 137), s the preservation of the game specified in the 
act. As incidental to that purpose. Section 7 of that act 
makes it unlawful for any person to hunt not only the game 
enumerated in the act, but any game or other animals not 
enumerated, either with or without a license, upon the land 
of another without first obtaining the consent of the land 
owner.” ********* “This court holds that no kind 
or character of game, whether designated by the act or not, 
can be hunted without complying with the requirements as 
to license, and without first obtaining the permission of the 
land owner.” ******** “The other exceptions is ‘per¬ 
sons following hounds in pursuit of foxes or deer, or any 
other animal not mentioned in this Act’; and this simply 
means that where a hunter is lawfully hunting upon the lands 
of another with permission, and, in so hunting, the hounds 
find, upon the lands upon which he has permission to hunt, 
foxes, deer, or any other animal not mentioned in this act, 
and the. game is pursued by the hounds, he may follow the 
hounds in pursuit on to land upon which he has no per mi ssion 
to hunt 
ROBINSON Y. THE STATE. 
4161 11 Ga., Page 847. 
To shoot at any of the game specified in the Act of 1911, 
(Acts 1911, p. 137), during the closed season designated there¬ 
in, is a violation of its terms, which make it a penal offense 
to hunt, kill or destroy by any means whatever between the 
dates stated, any of the game mentioned in the act. An in¬ 
struction to the effect that shooting, or shooting at, any of the 
protected game was hunting such game, within the purview of 
24 
the act and the legislative intent relating thereto, was not 
erroneous. 
Decided July 10, 1912. 
*0 
BOLTON Y. THE STATE. 
4571 12 Ga., Page 358. 
Hill, C. J. Section 612 of the Penal Code is as follows: 
“If any person shall catch or take any fish with seine, net, gig, 
or spear, or like device from any of the waters of this State, 
between the first day of February and the first day of July in 
each year, except with hook and line, he shall be guilty of a 
misdemeanor.’ ’ The accusation against the plaintiff in error 
alleged that he “did on the 20th day of May, 1912, in county 
aforesaid, unlawfully and with force and arms catch and take 
fish from the waters of Flint river, with a basket commonly 
called a fish basket, contrary to the laws of said State/’ etc. 
A demurrer was filed, setting up that no offense was described 
in the accusation, and that it did not show, with the certainty 
required by law, “the means of instrument with which the ac¬ 
cused is charged with catching and taking fish/’ and that it 
failed to allege that the taking of the fish was in the closed 
season. The demurrer was properly overruled. (a) The 
allegation that the criminal act was committed on the 20th day 
of May, 1912, was sufficient to charge that it was within the 
closed season, the closed season fixed by the statute being the 
period extending from the first day of February to the first day 
of July, (b) It was not necessary to allege that the “fish 
basket” used by the accused was a device like a “seine, net, 
gig, or spear,” for, whether a “like device” or not, the statute 
expressly says that between the dates specified no fish shall 
be caught or taken from any of the waters of this State, “ex¬ 
cept with hook and line.” 
Judgment affirmed. 
Decided Febuary 18, 1913. 
ROBINSON Y. THE STATE. 
4760 12 Ga. Page 683. 
Pottle, J. 1. The primary purpose of the act approved 
August 21, 1911, (Acts 1911, p. 137), is the preservation of 
game and fish; but, as incidental to this purpose, it is by Sec¬ 
tion 7 of the act made a misdemeanor to “hunt or fish upon the 
lands of another, with or without a license, without first having 
obtained permission from such landowner.” Consent of the 
25 
