State v. Pierce

The respondent was convicted of tapping the electric line of the Twin State Gas & Electric Company, so that electric current could be taken therefrom, and using the current thus taken without the company’s consent. After verdict he moved in arrest of judgment and to set aside the verdict. Both motions were overruled, and the case is here on his exceptions.

The first ground for the motion in arrest was that the complaint was too uncertain to support a judgment because it might apply to either of two distinct offenses, each carrying its own penalty. The complaint charged that the respondent, at…