This section contains the nature of the case and procedural background.

The Shaws (D) were in a small sailboat that was overtaken by a tugboat. On the sailboat were fish. D claimed that the fish came from a net trap near Cleveland. D refused to come into harbor, was forced to come into harbor, and was arrested for theft. Ds were charged with the theft of $41 worth of fish from Grow and Hough. Evidence established that Grow and Hough owned the nets from which the fish were taken. It was established at trial that the nets used were such that it was possible for fish to escape the same way they got in and that the nets were frequently disturbed by storms and winds such that fish escaped over the top of them. The State rested its case and D moved for a directed verdict of not guilty. The court overruled that motion but after argument did direct a verdict of not guilty which the jury returned. The State appealed.

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