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BOBBY BURRESS, JR. v. STATE OF MISSISSIPPI

MAY 25, 1983

BOBBY BURRESS, JR.
v.
STATE OF MISSISSIPPI



BEFORE BROOM, HAWKINS AND DAN LEE

DAN LEE, JUSTICE, FOR THE COURT:

This case originated in the Justice Court of the First Judicial District of Tishomingo County wherein Bobby Burress, Jr., defendant/appellant, was fined $33.00 upon a plea of nolo contendere to a charge of fishing a trotline without his name and address being attached thereto by a metal or plastic tag located on either end of the trotline. An appeal was taken to the Circuit Court where the case was tried de novo. At the conclusion of the trial, Burress was acquitted on three charges stemming from the alleged illegal running of trotlines on March 31, 1981, however he was convicted of fishing a trotline without his name and address being attached thereto by a metal or plastic tag. Burress was fined $25.00. Aggrieved of his conviction, Burress has appealed to this Court. We reverse.

On April 1, 1981, appellant, a conservation officer for the Mississippi Department of Wildlife Conservation was running a nylon trotline in Pickwick Lake in Tishomingo County. The trotline apparently belonged to Gayle Floyd and Mr. Parker. However, Floyd had granted appellant written permission to run the line. Both Floyd's and Parker's names were attached to the line as required by Public Notice #1718 effective July 1, 1974, pertaining to the use of nylon trotlines.

 Appellant was confronted by James Leathers, appellant's supervisor, who inquired as to whether appellant had his name on the trotlines he was running. Appellant asserted he did not but explained that he had written permission to run the lines from the owners. A subsequent check of the trotlines revealed that appellant's name did not appear thereon.

 Burress' appeal to this Court involves but one issue being;

 The court erred in submitting Public Notice 1514 to the jury as the law concerning use of nylon trotline when the proper law pertaining to the use of nylon trotlines was Public Notice 1718 and thus the court erred in

 instructing the jury that it was an offense to use a trotline without the name and address of the user printed on a metal or plastic tag rather than the owner.

 The jury in the case sub judice was instructed according to Public Notice 1514, which was passed on March 16, 1971, and provides as follows:

 Notice is hereby given that the State Game and Fish Commission at a special meeting held in Jackson, Mississippi, in the offices of the Commission, Robert E. Lee Building, on March 16, 1971, passed the following order amending regulations for fishing trotlines in all of the freshwater areas of Mississippi:

 BE IT ORDERED that effective this date anyone fishing a trotline or throw line must mark said line at one end with a tag of metal or plastic.

 BE IT ORDERED that said tag shall have the owner's name and address printed thereon.

 BE IT FURTHER ORDERED that anyone found using a line that does not have his name thereon shall be deemed in violation of this order.

 On April 9, 1974, Public Notice 1718 was passed. It repealed the previous prohibition against the use of nylon trotlines and because it deals specifically with nylon trotlines, appellant contends the jury should have been instructed in accordance with this regulation rather than 1514. It provides:

 Notice is hereby given that the Mississippi Game and Fish Commission at a regular meeting held April 9, 1974, in their offices at Jackson, ...


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