United States v. Edward Morgan Wood & Jean Wood, 437 F.2d 91 (9th Cir. 1971). · Go Syfert
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United States v. Edward Morgan Wood & Jean Wood, 437 F.2d 91 (9th Cir. 1971). Cases Citing This Book View Copy Cite
12 citation events (1 in the last 25 years) across 10 distinct courts.
Strongest positive: United States v. Stephen S. Boynton James R. Booth Bernard Dadds, Jr. (ca4, 1995-08-28)
Statutes interpreted (leading-cases list)
#15 16 U.S.C. § 703-711 cited 1× in this case · 54 total citations of statute #2 50 C.F.R. § 10.3 cited 1× in this case · 15 total citations of statute
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) United States v. Stephen S. Boynton James R. Booth Bernard Dadds, Jr.
4th Cir. · 1995 · confidence medium
See, e.g., United States v. Engler, 806 F.2d 425, 431 (3d Cir.1986), cert. denied, 481 U.S. 1019 , 107 S.Ct. 1900 , 95 L.Ed.2d 506 (1987); United States v. Chandler, 753 F.2d 360, 363 (4th Cir.1985); United States v. Brandt, 717 F.2d at 958-59; United States v. Jarman, 491 F.2d 764, 766 (4th Cir.1974); United States v. Wood, 437 F.2d 91, 91 (9th Cir.1971); Rogers v. United States, 367 F.2d 998, 1001 (8th Cir.1966), cert. denied, 386 U.S. 943 , 87 S.Ct. 976 , 17 L.Ed.2d 874 (1967); see also United States v. FMC Corp., 572 F.2d 902, 906 (2d Cir.1978) (stating that cases have “consistently held…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Edward Morgan WOOD and Jean Wood, Appellants
26137.
Court of Appeals for the Ninth Circuit.
Jan 27, 1971.
437 F.2d 91
Robert M. Reynolds (argued), Tacoma, Wash., for appellants., William H. Rubidge (argued), Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Seattle, Wash., for appellee.
Koelsch, Carter, Wright.
Cited by 12 opinions  |  Published
PER CURIAM:

Appellants each appeal from a conviction and a fine of $75.00 for a violation of 16 U.S.C.A. §§ 703-711 and 50 C.F.R. § 10.3(b) (9). The charge was taking migratory water fowl over a baited area.

The case was tried by a United States Commissioner, and on appeal to the district court the judgment was affirmed.

A Federal Fish and Wild Life agent observed bait in the form of grain near the ponds owned by appellants. Three days later he observed appellants shooting at wild fowl, and again observed similar bait. The appellants ran and hid their guns when the agent approached, but returned when the agent announced his identity.

The Commissioner found that scienter was not an element of the offense, but concluded that if scienter was an element, the flight of appellants supplied a basis for such an inference. The district court concluded that if scienter was a necessary element, appellants’ flight permitted an inference of scienter. We agree with the district judge.

Appellants’ other contentions have been examined and we find them without merit.

Affirmed.